Nonprofit group files a motion to intervene

Nonprofit organization Marshall Together filed a motion to intervene in the debris removal lawsuit against Boulder County, arguing that any cleanup delay would cause further emotional and financial hardship for people whose homes were lost or damaged in the Marshall fire.

“What we really want is the cleanup to move forward as soon as possible,” Marshall Together member Tawnya Somauroo said. “We’re all under huge time constraints.”

Florida contractor Ceres Environmental Services — one of the companies that wasn’t selected for the debris removal program contract — in early April sued the county and its commissioners, alleging the bidding process was shrouded in secrecy and misrepresentations and asking the court to invalidate the bid.

“This case is about doing the right thing to protect Boulder County and Colorado taxpayers,” Ceres’ attorney Katie Reilly stated in a news release.

“Ceres is fully prepared to accept the results of a proper, open scoring process that follows Boulder County’s procurement regulations. This, however, was a deeply flawed process that violated both county and federal rules requiring an open, competitive bidding process.”

Ceres previously appealed the bid decision to the commissioners, but the appeal was denied. The contractor also filed a motion for an injunction to pause the debris removal work until the court rules on the lawsuit.

Following that, Boulder County filed a motion, requesting that the lawsuit be dismissed.

In a news release, the county points to a series of cases “holding that the public bidding process is for the protection of the public, not disappointed bidders.”

“Ceres is not a Boulder taxpayer or even a Colorado taxpayer,” the county stated.

While the case is making its way through the court, Boulder County is continuing with its debris removal program.

Boulder County commissioners on Feb. 10 selected DRC Emergency Services to conduct the cleanup work after a bidding process in which 11 companies competed for the contract.

The commissioners on March 22 officially approved the $60 million contract with DRC and OK’D the intergovernmental agreement that requires Superior and Louisville to reimburse Boulder County for the costs of private property debris removal not covered by the state or by the Federal Emergency Management Agency.

And this isn’t the first time Boulder County has been sued over its debris removal contract with DRC.

Another lawsuit was brought this year by former Federal Emergency Management Agency director Michael Brown and his group, Demanding Integrity in Government Spending.

That lawsuit accused the county of violating open meetings laws during the bidding process.

Visiting Judge Stephen Howard determined that Brown — who does not live in Boulder County and could not prove injury related to the award of the contract to DRC — had no standing to sue and dismissed the case in late March.

It’s one thing for Boulder County to suggest a lawsuit isn’t in the best interest of the community, but Somauroo said it’s important for the court to hear directly from those most impacted by the state’s most destructive fire.

As a group of fire survivors, Marshall Together has its finger on the heartbeat of the community and it understands what people want.

Somauroo said she has yet to hear anyone questioning Boulder County’s process.

Instead, they just want the cleanup to continue, she said.

Beyond a financial strain, experiencing the loss of a home in a natural disaster is emotionally draining, Somauroo said.

When the winds kicked up in Boulder County last week, Somauroo said, she had an anxiety attack. Her children refuse to drive past the burnt rubble that used to be their home.

“People are just trickling into trauma therapy, and this is one of their triggers — seeing the debris,” she said.