<body><div><figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=2xH0v3_1H2X3Jym00" alt="https://img.particlenews.com/image.php?url=2xH0v3_1H2X3Jym00" width="1280" height="720" ><figcaption>Waste Pro filed an 850-page lawsuit against Cape Coral that claims the city didn't follow it's own guidelines for selecting a trash collection company. City Council will vote whether to pick a new company during a special meeting next Wednesday, just hours before new council members are sworn in.</figcaption></figure>CAPE CORAL, Fla. (WINK) — Cape Coral's longtime solid waste provider is suing the city over a deal that would hand over trash collection to a different company. <figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=1wntmC_1H2X3Jym00" alt="https://img.particlenews.com/image.php?url=1wntmC_1H2X3Jym00" width="1010" height="573" ></figure>Waste Pro filed an 850-page lawsuit against the city that claims Cape Coral didn't follow it's own guidelines for selecting a contractor. Waste Pro has exclusively collected Cape Coral's residential and commercial waste since 2010. Cape Coral twice renewed the deal, which expires in September of 2027. In February, it allowed other companies to bid on the contract, launching a Request for Proposal, or RFP. Waste Pro's lawsuit said the RFP promised city staff would score and rank the proposals, recommending a ranking to the City Council. The lawsuit said City Council would then approve the ranking or require public presentations by the top three teams, launching negotiations with the winner. However, the lawsuit claims Cape Coral did not follow that process. Instead, it said staff evaluated and ranked the proposals at meetings that were not open to the public, asked for a second round of pricing that was not part of the RFP, and never issued a ranking notice required by city code. The lawsuit also said staff intended to award the contract without a final ranking from City Council. <figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=0dYUa5_1H2X3Jym00" alt="https://img.particlenews.com/image.php?url=0dYUa5_1H2X3Jym00" width="1020" height="570" ></figure>In August, Cape Coral said it intended to issue the contract to Texas-based FCC Environmental after staff met with three different bidders, including Waste Pro. The city said it's evaluation team scored each proposal based on their qualifications, references, fees, and cost. Assistant City Manager Mark Mason previously said there is a good possibility that Cape Coral's trash fees will be lower next year under the FCC deal. <figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=3fDvty_1H2X3Jym00" alt="https://img.particlenews.com/image.php?url=3fDvty_1H2X3Jym00" width="1017" height="567" ></figure>On Wednesday, City Council is scheduled to approve the contract with FCC during a special meeting, just hours before new council members are sworn in. Waste Pro is asking a judge to strike down the proposed deal with FCC while it appeals through a state agency, or, give the company damages. Waste Pro is also asking the judge to produce public records it requested about the deal. <figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=15b4wI_1H2X3Jym00" alt="https://img.particlenews.com/image.php?url=15b4wI_1H2X3Jym00" width="1016" height="572" ></figure>The dispute is months in the making. Waste Pro appealed the decision in August. In October, City Council referred the complaint to the state Division of Administrative Hearings (DOAH). But two weeks later, City Council reversed course, and denied the complaint. Cape Coral City Attorney Aleksandr Boksner said the decision was an executive function, not a legislative one, allowing the city to move forward. Some council members expressed concern that trash service could be interrupted as the appeals process played out. Councilman Derrick Donnell said it would take about a year for the transition. He pointed out the DOAH decision is not binding. "I don't want to take that chance with our Solid Waste pickup," Donnell said on Oct. 21. "Tonight we control it. We control the outcome." But other council members said the state should look into the complaint and present it's findings."We only heard from our staff, who, again they're the ones who are theoretically being accused through the protesters eyes of having deficiencies," Councilman Keith Long said. City Council passed the measure 5-3, pulling the complaint from DOAH, and setting up Wednesday's special meeting. State records show Administrative Law Judge Robert S. Cohen closed the file and sent the case back to Cape Coral on Thursday. The special meeting will takes place at 2:30 p.m. The new council members will be sworn in less than two hours later, at 4:00 p.m. WINK News asked Mayor-elect Rick Erickson about the vote on Thursday. "Well, I'm not sure if we'll be taking it on because that's what the meeting's about," Erickson said. "But I have to get out my documents. I've been working on it, trying to find all the facts. We have to have the facts first, and that's what the meeting's about."The City of Cape Coral said it hadn't been formally served with the lawsuit as of Thursday afternoon. A spokesperson said the city doesn't comment on pending litigation. <figure><img src="https://img.particlenews.com/image.php?type=thumbnail_580x000&amp;url=4FfNJl_1H2X3Jym00" alt="https://img.particlenews.com/image.php?url=4FfNJl_1H2X3Jym00" width="1265" height="1637" ></figure>WINK News reached out to FCC Environmental Services, which is named in the lawsuit, but did not immediately hear back. WINK News also left an after-hours message with Waste Pro seeking comment. </div></body>

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CAPE CORAL, Fla. (WINK) — Cape Coral's longtime solid waste provider is suing the city over a deal that would hand over trash collection to a different company. Waste Pro filed an 850-page lawsuit against the city that claims Cape Coral didn't follow it's own guidelines for selecting a contractor. Waste Pro has exclusively collected Cape Coral's residential and commercial waste since 2010. Cape Coral twice renewed the deal, which expires in September of 2027.

Waste Pro sues Cape Coral over garbage contract

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CAPE CORAL, Fla. (WINK) — Cape Coral's longtime solid waste provider is suing the city over a deal that would hand over trash collection to a different com

Waste Pro sues Cape Coral over garbage contract

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