SAFEbui'ke
February 7, 2025
By Electronic Delivery
Karl Berger, Esq.
Justin A. Tamayo, Esq.
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071
Dear Messrs. Berger and Tamayo:
I recently received your letters dated September 20, 2024, and January 24, 2025. First, I want to apologize for the fact that we did not provide a timely response to your letter of September 19, 2024. I offer no excuses for that, just an apology.
As to the substance of that letter, we have confirmed that Mr. Hayes' certifications lapsed for a short period beginning on August 25, 2024 and ending on September 23, 2024. Accordingly, the breach was corrected within the 10 -day cure period provided under the contract between the City and Interwest and referenced in your letter of September 20. I expect you are aware, however, that the City terminated the Contract for convenience effective September 27, 2024. With respect to the other requests for information contained in your letter of that date, our responses, using the numbering system in your letter, are below:
2. Mr. Hayes has advised that he did not perform any inspections during the lapse period or perform any other services for which the lapsed certifications would have been required. Accordingly, we have no documents responsive to your request for documents.
3. Given that Mr. Hayes did not perform any services for which the lapsed certifications were required, there is nothing to cure and no costs were incurred by the City.
4. So far as we are aware, there are no claims that would trigger the indemnification obligations under the contract between the City and Interwest and, given the preceding responses, we would not anticipate that any would arise. That said, Interwest will honor its contractual obligations to the City.
With respect to your January 24, 2025 letter, for the reasons given above, we reject the notion that the City has suffered any damages and insist on immediate payment of outstanding invoices.
If you have any further questions, please direct them to me.
Gary Amato
Chief Administrative Officer
Interwest Consulting Group
970-219-4999 (M)