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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10207
Experience:  30 years of corporate, litigation and international law
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I'm a candidate office in New York and I've entered into a

Customer Question

Hi I'm a candidate for public office in New York and I've entered into a campaign contract with 2 individuals to perform campaign related duties (Omni Public Affairs). One individual is responsible for fundraising and the other for the day to day operations of the campaign. I entered into this contract in the beginning of June, but will be firing them by July 31st for the following reasons:
1) Low quality work surrounding ad generation for the campaign
2) Not reaching out to volunteers when a list was made available to them
3) Not sending out press releases in a timely manner (a day later than requested)
4) Not scheduling the first fundraiser in a timely fashion (by the end of July)
5) Not creating a campaign strategy or budget
In addition, they habitually miss scheduled meetings and do not return phone calls. Simply put they are failing to perform their side of the contract. I want to attach the contract I signed for your review please advise on how to attach files.
My question to you is as follows: Based on my above grievances and the terms of the contract can I fire these two individuals and not have any legal liability?
Submitted: 7 months ago.
Category: Business Law
Expert:  RobertJDFL replied 7 months ago.

Thank you for using Just Answer. I look forward to assisting you today.

A customer's screen looks different then ours as experts, but you should have some kind of a button that looks like a paperclip that allows you to attach the document? If you attach the contract we can go from there.

Customer: replied 7 months ago.
OMNI PUBLIC AFFAIRS

Contract for Employment

Peter Magistrale New York State Senate Candidate, 2nd District

Parties

Omni Public Affairs will be referred to in this contract as, “Omni”, “OPA” or “Omni Public Affairs”. Omni Public Affairs is comprised of the following partners:

John Paul DiMartino

Timothy Freeman

The client entering into this contract is:

Peter Magistrale, Candidate for the 2nd Senatorial District of New York State.

The signers of this contract understand that the terms stated below are between Omni Public Affairs and Peter Magistrale for Mr. Magistrale’s New York State Senate Campaign for the Second Senate District of the State of New York.

The contract and compensation for terms of this contract will begin on June 2, 2016 and end at 12:01am the day after Election Day - November 9th, 2016.

Terms of Contract

This contract is an agreement between Omni Public Affairs and client Peter Magistrale for Campaign Management of Peter Magistrale’s New York State Senatorial Campaign which includes:

Event Planning - Site Selection for Fundraising Events, determination of ticket cost and number of tickets to be sold for each event, management of event from planning to the actual event.

Fundraising - Assistance with creation of Candidate’s donor list, communication to donors on status of campaign. Scripts for fundraising will be written for client should client choose to use scripts.

Call time Management - The candidate will sit with Omni and call his donor list for the purpose of raising funds for the campaign. The client will be managed by Omni on the amount of time he spends on calls and how many calls are made per day, week and month of his campaign.

Day to Day Operations of Campaign Office (office yet to be established at time of signing this contract) - The client will receive a Campaign Manager that will be in the office during business hours to handle any and all issues, problems or communications on behalf of the client and campaign.

Volunteer Recruitment/Organization/Management/Administration - Omni will go to support groups, college campuses to recruit volunteers, train volunteers, supply scripts for walking and phone banking, management of volunteer staff and scheduling of volunteer work hours and tracking of hours dedicated by volunteers to the campaign.

Communications/Social Media Outreach - Omni will handle the creation of all communications put out to the public in the form of press releases, planning and implementation of speech writing for any and all purposes, talking points, platform consulting and modification - should the necessity arise.

Debate preparation - The client will be put through rigorous debate preparation by Omni.

Image Consulting - The client will sit with Omni and literally go through the contents of client’s wardrobe to ensure the best representation of the client’s physical image is of a public official who commands respect from the voting public and his peers.

Compensation for the tasks Omni is undertaking as a result of the signing of this contract will be compensated by the following numbers:

$7,500 every month in the form of a retainer

12% of all funds raised under the Event Planning clause, to begin on an agreed upon time stated below. The agreed upon time will be a decision made by Omni and Mr. Magistrale.

Compensation

Dates of when this contract will commence fully, meaning, work will be compensated by the terms set forth in this contract are as follows:

Date to begin compensation of retainer: _____________________

Date to begin compensation for 12% of all funds raised: _____________________

Agreement

Signatures below indicate that all parties involved in the contract - Omni Public Affairs and Mr. Magistrale agree the the above terms of contract.

_____________________ - Peter Magistrale: Candidate

_____________________ - John Paul DiMartino: Omni Public Affairs

_____________________ - Timothy Freeman: Omni Public Affairs
Expert:  RobertJDFL replied 7 months ago.

Okay, give me some time to review the contract and I'll reply after that.

Expert:  Richard - Bizlaw replied 7 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

I reviewed the contract that you posted. The contract does not address any of the issues you raise in your post as the basis for termination. However, assuming you can substantiate your complaints, they would be a basis for terminating the agreement.

I am going to assume that you have not communicated any of the complaints to them. On this assumption I suggest you have a meeting with them immediately to go over each of the complaints you have and give them 2 weeks to rectify their performance otherwise the agreement will be terminated.

If you have had such a discussion and they still have not performed, you would have a basis for terminating the contract as you plan.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Expert:  Richard - Bizlaw replied 7 months ago.

I sent you an answer to your question about a week ago. If you have any further questions, please let me know. If not, please highly rate my answer as that is how I get credit for working on your question.

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