Fort Myers council approves ranking of Wharton Smith for police headquarters; NAACP and community leaders press for enforceable local-hiring commitments

Fort Myers city council members voted to authorize negotiations with Wharton Smith Inc. as the top-ranked construction manager-at-risk for the planned police headquarters after a ranked-selection process by city staff and the selection committee.

The decision follows public comment from leaders of the NAACP and other community advocates who urged the city to attach binding local-hire, apprenticeship and minority-subcontractor requirements to any agreement with the winning firm. James Muwakeil, who identified himself as “president of the county of the NAACP” and southern regional director for the NAACP in Florida, said the selection process “does not include local contractors that work with the minority communities” and warned the project could send economic benefit outside Fort Myers.

The appeal was echoed by Mike Love, Lee County NAACP economic committee chair, who said the choice of Wharton Smith “is not just a failure of process. It’s a moral failure” unless the city requires enforceable equity benchmarks, apprenticeship opportunities and community benefit obligations tied to hiring local minority subcontractors.

City staff described the selection process to the council. Nicole Setzer, the city engineer, said the solicitation received nine proposals; the field was narrowed to four firms for in-person presentations. After presentations, Wharton Smith was unanimously ranked first by the five-person selection committee. Setzer said the scoring used a two-step process: initial written submittals produced a preliminary ranking and the invited firms then gave presentations that produced the final ranked list.

Setzer explained how the city’s minority-business-enterprise (MBE) scoring worked in the solicitation. Firms could earn points for teaming with MBEs headquartered in Lee County; most short-listed firms earned those points by listing local DBE subcontractors in their proposals, she said. The solicitation did not require each lead firm to be an MBE or to commit to apprenticeship or guaranteed workforce outcomes beyond standard solicitation requirements.

Councilmember Terilyn Watson and others said the council should press the city manager to negotiate stronger community benefits. Watson urged the city manager to “require them to work with the community” during contract negotiations. Council discussion noted staff had already shared the NAACP’s letter with Wharton Smith and that representatives for Wharton Smith were present and had expressed willingness to engage on community concerns.

The council motion authorized the city manager to begin negotiations with Wharton Smith Inc., the top-ranked firm, and to move to the next-ranked firm if negotiations were unsuccessful. The motion passed on a roll-call vote with the majority of councilmembers in favor and one recorded “no.”

Council and staff repeatedly framed the next step as a negotiation phase: the selection committee’s ranking is a qualifications decision that allows the city to begin contract talks. Several councilmembers and public commenters emphasized that community benefits, workforce development and enforceable local-hire provisions would need to be addressed as part of those contract talks, not only during the procurement ranking.

The city did not adopt specific enforceable contract provisions at the meeting; councilmembers instead directed staff and the city manager to include community engagement and local-hire strategies in negotiations. Councilmember Watson said the city can “require certain things in order to move forward with this project to make sure we have local contractors being involved.”

What passed: the council approved beginning negotiations with Wharton Smith Inc., per the selection committee ranking. The selection followed the staff-process described by Setzer and the five-member selection committee’s scores. The NAACP and other community representatives said they will press the city to secure binding community benefit commitments during negotiations.

The city manager and procurement staff will proceed to negotiate terms with Wharton Smith and—if talks fail—move to the next-ranked firm, as specified in the motion. The transcript record shows council direction to pursue community engagement and to work with the NAACP and other stakeholders while final contract terms are developed.

The council’s action does not itself award a construction contract or set a guaranteed maximum price; those steps would come later in the procurement and contracting process.

Votes at the meeting show a majority supported the motion to negotiate with Wharton Smith. The transcript records one councilmember voting no. Further negotiation documents, contract terms and any formal community benefit agreement will be presented to council for approval at a later date.