Boca Raton council approves CBRE contract after debate over commissions and reimbursements

The Boca Raton City Council on Monday adopted Resolution No. 146-2024, approving an agreement with CBRE, Inc. to provide professional services to solicit, evaluate and negotiate public–private partnership proposals. The measure passed unanimously, 5-0, at a short special meeting called to consider the contract.

The resolution authorizes CBRE to assist the city with soliciting proposals (including unsolicited proposals), assessing competitive submissions, negotiating a master development agreement and evaluating long-term operations and maintenance options for the governmental master plan project. The contract also includes a waiver of usual procurement procedures to allow the engagement.

Council debate centered on reimbursement and commission language in the agreement. Council Member Nachlis said she had discussed the terms with CBRE and voiced ‘‘discomfort with some of the reimbursement, and especially where it came to the unsolicited offers that we had received prior,’’ but added she was ‘‘still ready to move forward today.’’

Council Member Recker urged clearer communication between staff and the council and pressed for consideration of local knowledge in selecting partners: ‘‘If you don't know who Boca Raton is, we don't want to do business with you,’’ she said, and warned that submitters who had already invested time should not be treated the same as brand-new respondents. Recker also said she had concerns about the reimbursement schedule but did not block the motion.

Another council member described the consultant’s role as having two components: a brokerage or marketing function to attract potential partners and a substantial consulting/negotiation function to help the city evaluate and negotiate the best deal. That council member said a commission-based component can be valid where a negotiation role remains.

Council Member Thompson used a ‘‘dance’’ analogy to describe CBRE’s work, saying the firm will not only announce that a partnership opportunity exists but also help identify and negotiate with the best partner. ‘‘Their real value … is going to be in identifying who among all the potential dance partners … how we identify that best partner and negotiate the most advantageous contract with them,’’ he said.

City staff member Mr. Lukasick told the council he could respond to questions but had no additional overview to offer. Mayor Singer said staff had worked to address concerns raised at an earlier workshop and noted that CBRE offered concessions after hearing the council’s comments. He said revised guidelines sent to potential submitters make clear the council will be ‘‘driving this process’’ and reminded members that responses are due Jan. 9.

Miss Recker moved to adopt the resolution; it was seconded and, after a roll call, the motion passed 5-0. The council did not receive any public comments during the hearing on the item. The contract engagement with CBRE now moves forward under the terms approved by the council.

The special meeting was adjourned at approximately 1:41 p.m.