4. SUMMARY (cont’d.): The Contract contains a mutual waiver of consequential losses

Palm Beach County Board of County Commissioners · 2026-06-09 · agenda_item

This item concerns a contract that includes a mutual waiver of consequential losses and damages, with specific exceptions for gross negligence, willful misconduct, fraud, indemnification obligations, third-party claims, breach of confidentiality, misuse of county information, or where covered by insurance. The waiver also excludes repair costs, completion costs, costs to maintain public services, mitigation costs, costs of substitute facilities or temporary operations, and other direct damages. The Risk Management Department and County Attorney’s Office have reviewed the language. Staff recommends approval of this contract. The project is part of the FY 2026 Budget. This item is under review, with staff recommending approval. The scope of work would involve contract negotiation and potential legal services related to the waiver clauses. Local businesses in legal services and risk management could find opportunities related to this contract review and approval process. Early engagement before final permits and agreements are settled may offer an advantage.

PBCWUD Project Number

25-034

Fiscal Year

2026