City moves forward to award solid waste contract
Reverses decision to seek state review of bid protests
The city of Cape Coral has pulled back its decision to get a state opinion before awarding a contract for solid waste services.
The Cape Coral City Council decided Wednesday to move forward with its contract award process with FCC Environmental Services Florida LLC, after a reconsideration vote was taken to reverse a prior decision to send formal protests from two vendors to the Florida Department of Administrative Hearing.
City Attorney Aleksandr Boksner said city staff was contacted by a council member on the prevailing side of the initial vote who was contemplating reconsideration. After receiving that information staff immediately reached out and put the resolutions on Wednesday’s agenda to avoid any issues of a lack of transparency.
Those four agenda items were: Resolution 254-26, referring Waste Pro of Florida Inc.’s formal protest to the DOAH; Resolution 246-26, referring Coastal Waste & Recycling Inc.’s formal protest to the DOAH; Resolution 285-26, the continuation of the contract award process and denying the formal protest by Waste Pro; and Resolution 284-26, the continuation of the contract award process and denying the formal protest by Coastal Waste & Recycling.
“That is why we are here today,” Boksner said. “This is not quasi-judicial. This is not a legislative matter; it’s an executive function that is recognized by Florida case law.”
Councilmember Dr. Derrick Donnell said he was the one that called for reconsideration as there was so much noise and uncertainty for him at the last meeting.
“Tonight I am looking to reverse and hoping to get this thing resolved,” he said.
Each of the four resolutions were reconsidered by a formal vote and revoted on Wednesday evening.
Through a denial of Resolution 254-26 — a yes vote — the council voted Waste Pro’s formal protest would no longer go to DOAH. Those who voted against the motion were Councilmembers Keith Long, Rachel Kaduk and Jennifer Nelson-Lastra.
The same vote was taken to deny Resolution 246-26, which resulted in the same council members opposing the denial.
Wayne Zahn, with Coastal Waste & Recycling, said matter has already been referred to a DOAH judge.
“Why are we continuing to address procedural problems?” he said. “We are talking about a major public contract.”
The next vote was to reconsider Resolution 285-26, which Boksner said authorizes the continuation of the contract award process to the formal award issue and denying the formal protest by Waste Pro.
Again, Councilmembers Long, Kaduk and Nelson-Lastra voted against.
Resolution 284-26 had the same results.
Donnell said what changed for him was what was happening in the background. He said the city is already behind on finalizing a contract with a waste hauler in advance of the September 2027 deadline of the current contract with Waste Pro.
“DOAH is not binding. We wait for six months and they come back and say they agree there is no findings here. We lost six months,” Donnell said.
He said he thought that FCC Environmental Services Florida, who got the bid, was working behind the scenes, which is not the case.
“Tonight we control the outcome,” Donnell said. “The project is solid. No significant faults to the process.
“I want to control the outcome, respect our process and move forward with (bid) A and deny those. We are acting as DOAH.”
Rob Canciamille, the director of new projects with FCC Environmental Services, said they are incredibly proud to be selected as they developed the proposal with the city and its collection needs in mind.
“FCC earned the recommendation through the city’s own process,” he said, adding that the city will save $50 million in the life of the contract.
Canciamille said time is of the essence, as they have less than one year to have a thought-out and planned transition. He said it takes significant time to hire and train more than 120 employees and exchange more than 2,000 containers, as well as get the trucks ready.
“These steps require significant time to complete to service a transition that is seamless and no disruption,” he said. “FCC has offered the lowest price and strongest proposal. Voting to prolong the award in any way further delays the outcome that the city’s own process already reached.”
Long reiterated his concern — that the council was taking the matters into its own hands.
“We are not DOAH and we don’t have all the information. We only heard from our staff. They are theoretically being accused through protesters’ eyes. We have only heard from our procurement manager. We are not having that hearing that we are talking about. That is the source of my concern,” he said.
Long, an attorney, said the city’s request for an opinion has already been assigned to a judge and has a case number.
“Legally speaking, you have the legal right and ability to reconsider this matter even though it was submitted to DOAH,” Boksner said.
Kaduk said the city is in a time crunch because someone pulled the RFP off the streets and reissued.
“Someone did that. That is a concern to me,” she said.
Kaduk said the matter should be sent to DOAH, as Waste Pro said it would extend its contract to allow for the review.
“That is the cleanest way — a third party,” she said. “All we have is time. Waste Pro extended. We have $30 million in reserves.”
She said if sent to DOAH, it is not the council making the heavy decision, but DOAH giving a recommendation.
Matt Pierce, with Waste Pro, said they did not expect the matter to come back this quickly. He said the only reason given to reconsider the vote is there is a public health emergency — which he said there is not — or to possibly shield what happened during the RFP process.
“There is not an emergency because the RFP allows an extension with Waste Pro,” Pierce said, adding that they put that into writing a couple of days ago. “Timing is not a reason to deny.”
Nelson-Lastra agreed that it was messy.
“We heard things of bid rigging, the letters of protest. It’s cleaner to go up to DOAH. Waste Pro will extend. Yes, it will cost us money. We do have the Solid Waste Reserve. My gut and heart tells me it is messy and should proceed as we originally did,” she said.
To reach MEGHAN BRADBURY, please email mbradbury@breezenewspapers.com