The City of Toledo has responded by letter dated March 20, 2018, to Winlock's February 27, 2018, letter which alleged breach of contract by Toledo and intent to restore Winlock's own police department, and the City of Winlock's wish to terminate the agreement on June 1, 2018.
The City of Toledo is rejecting all claims of material breach and also states that Winlock did not follow the Dispute Resolution protocol as set forth in the Interlocal Agreement. In Toledo's response, Toledo City Attorney Jim Buzzard states, "To the extent Winlock is providing Toledo notice that Winlock is electing to end this Agreement on December 31, 2018 (the expiration of the Initial Term), then Toledo acknowledges proper notification of the same by Winlock. As a result of Winlock's notice, this Interlocal Agreement expires on December 31, 2018 and will not be extended."
Toledo also states the vehicle that was returned inoperable was not a breach of contract because they returned the vehicle to Winlock as per the requirement of the agreement. Section 10.3 states "During the first 3 years and 5 months of this Agreement, if Toledo deems a Winlock vehicle no longer useful to Toledo, then such vehicle will be returned to Winlock."
An allegation of breach by Winlock is that the Toledo Police Department has failed to provide all monthly report requirements, specifically time spent in the City of Winlock related matters. The letter from Toledo disputes Winlock's allegation, stating that "any abnormality in reporting could have been addressed by Winlock at any time within the last several years. But Winlock did not."
Toledo responded to Winlock's allegation "that there has been a failure to render such services in the same manner as Toledo routinely provides, within the City of Winlock," by disputing the terminology of the allegation that "crime rates seem to have risen."
Buzzard, as Toledo's city attorney, stated that Winlock's proposed transition plan is rejected and Winlock will be obligated to pay Toledo all consideration under the agreement. Buzzard further stated "Toledo is willing to discuss early termination of the Agreement. Provided Winlock must first withdraw all of the claims of Toledo being in material breach of the Agreement."
At this point, it appears as though both cities are willing to discuss termination of the Agreement. What the final outcome may be is up to the two mayors, their councils and designees.