HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 286 - StipulationsStipulations
The parties have agreed to certain facts as follows:
1. The City is a home rule municipality organized under Article XX of
the Colorado Constitution.
2. In 2017, the City’s voters approved an amendment to the Fort
Collins Municipal Charter to allow the City to provide telecommunication
facilities and services, including the transmission of voice, data, graphics,
and video using broadband internet facilities, to its residents.
3. On February 10, 2018, the City issued a Request for Proposal
8697 for “Vendor Selection and Implementation of a Comprehensive
Solution for Utilities/Broadband Billing (CIS/OSS)” (the “RFP”) to implement
a comprehensive and integrated solution providing functionality to its utility
Customer Information System (“CIS”), its field services, and to serve a
range of needs both for current City utilities and for Connexion—the City’s
new municipal broadband service.
4. The Parties entered into a Master Professional Services
Agreement (the “MPSA”) and Software License Agreement, both executed
August 9, 2018, as well as a “Scope of Work” (“SOW”) incorporated by the
MPSA.
5. Under the MPSA, the parties agreed that the City’s RFP and
Open’s Response to the RFP were incorporated by reference therein.
6. The MPSA further included a Change Request procedure which
governed changes to the SOW.
7. Additionally, the parties entered into the First Amendment to the
MPSA dated June 2, 2020.
8. On May 19, 2021, Open sent a letter titled “Notice of Default
pursuant to Section 13.2 of the Master Professional Services Agreement.”
Stipulations given
11/2/2023
Case No. 1:21-cv-02063-CNS-SBP Document 286 filed 11/02/23 USDC Colorado pg 1 of 2
9. On May 28, 2021, the City sent a “Notice of Dispute and Notice of
Termination pursuant to Sections 13 and 17 of the Master Professional
Services Agreement” to Open International.
You will therefore take these facts to be true for the purposes of this
case.
3 Fed. Jury Prac. & Instr. § 101:48 (6th ed.).
Case No. 1:21-cv-02063-CNS-SBP Document 286 filed 11/02/23 USDC Colorado pg 2 of 2