Boulder County wants a district judge to dismiss a lawsuit filed by Ceres Environmental Services, Inc., which claimed the county improperly awarded the $60 million contract to cleanup the debris caused by the Dec. 30 Marshall fire.
The county in a motion filed Monday in Boulder District Court states that Ceres — a third-place losing bidder for the debris contract — does not have standing to file its lawsuit, according to a county news release. The county said the Ceres lawsuit is similar to one filed in February by Demanding Integrity in Public Spending, which claimed the county violated open meetings laws in deciding to award the cleanup contract to DRC Environmental Services.
A judge dismissed the prior lawsuit by Demanding Integrity in Public Spending because the group lacked standing since it was not a Boulder County taxpayer, the news release states.
Ceres — a Florida-based company — is not a Boulder taxpayer or even a Colorado taxpayer, the news release said. The county in its motion to dismiss the Ceres lawsuit, points to a series of cases holding that the public bidding process is for the protection of the public, not disappointed bidders, the release states.
The county also points out that a lawsuit based on a speculative future Federal Emergency Management Agency (FEMA) denial of reimbursement is not ripe because FEMA has not made a funding decision, and Ceres does not and cannot predict the outcome of the FEMA process, the news release states. FEMA also has determined that the cleanup project is eligible for reimbursement, the release states.
The county has consulted not only with its internal experts and state official who possess expertise in FEMA grants, but it has also consulted the State’s Division of Homeland Security and Emergency Management and FEMA at all stages of he project and has received and incorporated recommendations to proceed at all times in accordance with FEMA requirements, the news release states.
Ceres filed a motion for a preliminary injunction for the case. The county will oppose Ceres’s motion and file a brief containing further arguments in addition to the arguments in the motion to dismiss. The court has indicated that it will rule on the motion to dismiss prior to ruling on the motion for preliminary injunction or setting a hearing, if appropriate, the news release states.
Meanwhile, the county will proceed with cleanup efforts for the Marshall fire survivors, in cooperation with the city of Louisville and Town of Superior, the news release states.
