JHA Strategies, LLC

I worked for the campaign until I received the attached email on the 18th of January, during which time I did the job and duties described in my contract and scope of work documentAt this point I am unclear as to the potential resolution being that there was no error on my part and the client failed to follow the “termination policy” which they wrote into my contractNote: my contract and scope of work document were sent to the Revdex.com with my initial response to the complaint, but are also attached

From: [redacted]] Sent: Tuesday, March 13, 2018 2:48 AMTo: [redacted]Subject: Website: Complaint Response
 
Business Response to a Complaint
Complaint ID#:
[redacted]
Company Name:
JHA Strategies
Company Contact:
[redacted]...

Angel
Company Phone:
[redacted]
Company Email:
[redacted]
Person Who Sent the Complaint:
[redacted]
Staff Member:
Response:
I was contracted as a Campaign Consultant during January, 2018 by Shay [redacted] and her campaign Shay [redacted] for San Jose City Council District 9. Upon being contracted by the campaign I supplied two documents (Both quoted below) EXHIBIT 1) A contract and EXHIBIT 2) a Scope of Work document, both of which explained that parameters of my job with the campaign. Following a series of conversations with the candidate and other campaign staff it was determined that I would provide guidance to the Campaign Manager over the course of the first few months. During this time the Campaign Manager asked me a series of questions and requested I explain what a Campaign Manager does in a regular campaign. Those duties were explained and her questions answered to the best of my knowledge. During that time a series of conversations took place between the Candidate and the Campaign Manager with regard to the job duties expected versus what needed to be done. Over the course of my employ the Candidate grew more frustrated with the situation and would react in a volatile and emotional way toward my suggestions and advice, because they were contrary to what the Candidate wanted to do or felt was appropriate. With regard to the Campaign Managers departure from the campaign, that decision was reached by the Campaign Manager herself as seen in the email communication below (EXHIBIT 3), following her resignation I ask the Fmr. Campaign Manager why she left and she explained that her departure was due to the Candidate's irrational behavior and trust issues between them, in part due to statements the Candidate made to third parties referencing both myself and the Campaign Manager in a negative and untrue manner. Finally, when the campaign contacted me regarding the alleged $10,000 in loses to the campaign I requested a break down of damages, to which there was no response. Additionally, the $2,000 paid to me by the campaign was authorized by the Campaign's Treasurer and was for services rendered. Much of my work with the campaign was establishing contact and then building relationship with donors, endorsers and soliciting other potential support for the campaign and as explained at the time my contract was signed would "take three to four weeks to yield results since they are my own personal contacts." This was all explained to the Candidate prior to the contract being signed. EXHIBIT 1 (Contract): This was a contract drafted by me and amended on 1/6/2018 by Shay & [redacted] to incorporate the "Termination Policy" that they drafted. "This Agreement is made effective as of January 5, 2018, by and between[redacted] Angel (DBA JHA Strategies) whom shall be known here in as “Contractor” and Shay [redacted] whom shall be known here in as "Employer". In this Agreement, the party who is contracting to receive services shall be referred to as "Employer", and the party who will be providing the services shall be referred to as "Contractor". Employer desires to have services provided by Contractor. Therefore, the parties agree as follows: 1) DESCRIPTION OF SERVICES. Beginning on January 1, 2018, Contractor will provide the following services (collectively, the "Services"): Fundraising, Overall Strategy, Staff Management, Messaging, Media Relations, Political Relations and other “as needed” services. 2) PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by Contractor shall be determined by Contractor. Employer will rely on Contractor to 15-20 hours per week. 3) JOB TITLE. Contractor will be referred to as the Campaign Consultant & Strategist. 4) PAYMENT. Employer will pay $2,000 for the first month of this agreement and then $2,500 per month until the automatic termination date to Contractor, payable on the 1st of each month. 5) EXPENSE REIMBURSEMENT. Contractor shall be entitled to reimbursement from Employer for all approved "out-of-pocket" expenses. 6) SUPPORT SERVICES. Employer will not provide support services for the benefit of Contractor. 7) TERM/TERMINATION. This Agreement shall terminate automatically on November 6, 2018. Employer may terminate this agreement without penalty after the “Termination Policy” conditions have been met. Should Employer terminate this agreement early, without meeting the “Termination Policy” conditions, a penalty of $4,000 and any associated legal fees will be paid by Employer. a) Termination Policy: For issues relating to the completion of Consultants duties and job execution, Employer must submit in writing a summary of the problem with in 5 days to Consultant. Consultant with then schedule a meeting to discuss the problem and draft a resolution plan with in 2 days of receiving complaint from Employer. If the conditions of the resolution plan are not met with 15 business days, Consultant will be considered at fault. i) Should the Consultant be found at fault for 3 or more issues relating to the execution of job duties, without resolution with in 15 business days and termination policy conditions met; this agreement shall automatically terminate without penalty to employer. 8) RELATIONSHIP OF PARTIES. It is understood by the parties that Contractor is an independent contractor with respect to Employer, and not an employee of Employer. Employer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Contractor. 9) EMPLOYEES. Contractor's employees, if any, who perform services for Employer under this Agreement shall also be bound by the provisions of this Agreement. 10) INDEMNIFICATION. Contractor agrees to indemnify and hold harmless Employer from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Employer that result from the acts or omissions of Contractor, Contractor's employees, if any, and Contractor's agents. Employer agrees to indemnify and hold harmless Contractor from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Contractor that result from the acts or omissions of Employer, Employer's employees, if any, and Employer's agents. 11) ASSIGNMENT. Contractor's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of Employer. 12) NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: IF for Employer: Shay [redacted] IF for Contractor: [redacted] Angel DBA JHA Strategies[redacted] Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 13) ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 14) AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 15) SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 16) WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 17) APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California. 18) INTERRUPTION OF SERVICE. Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, laws proclamations, edicts, ordinances or regulations, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties' respective obligations hereunder shall resume. 19) ASSIGNMENT. Contractor agrees that it will not assign, sell, transfer, delegate or otherwise dispose of any rights or obligations under this Agreement. Any purported assignment, transfer, or delegation shall be null and void. Nothing in this Agreement shall prevent the consolidation of Employer with, or its merger into, any other corporation, or the sale by Employer of all or substantially all of its properties or assets, or the assignment by Employer of this Agreement and the performance of its obligations hereunder to any successor in interest or any Affiliated Company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above. 20) SIGNATORIES. This Agreement shall be signed on behalf of Employer by Shay [redacted], and on behalf of Contractor by [redacted] Angel, and effective as of the date first above written. By Party receiving Services: Shay [redacted]" EXHIBIT 2 (Scope of Work): This document is a standard summary of what I will do for the campaign. "Introduction/Summary: The campaign, Shay[redacted] for San Jose City Council will require a top down campaign structure including but not limited to support services for finance, communications, field, fundraising and campaign management. The internal work will consist of; one to one coach of the candidate, social media integration/management, event planning, fundraising, calendar management, strategic planning as needed, professional contact development, etc. External work will consist of; social media releases, website maintenance and regular updates, list maintenance, content writing, base building, voter engagement, donor relations, volunteer management, a “body man” for events, debate prep, coalition building, coordination of meetings with large donors throughout the state, etc. Background: The Shay [redacted] for San Jose City Council, in the June 2018 General Election. This campaign requires part-time work from January 2018 – November 2018. The campaign may require additional full-time management from June 2018 – November 2018, in the event of a run-off election should any candidate fail to receive the min. 51% of the total vote cast in that election. Scope of Work: 1. Part One: 15-20 hours of work per week, monthly website updates, scheduled social media posts once or twice a week, optimization of social media[redacted] schedule management (private & public calendar), media/interview preparation, endorsement interview prep, fundraising call time and donor meetings, volunteer management, a part time “body man” for events, debate prep, coalition building, coordination of meetings with large donors throughout the state, etc. 2. Part Two: 15-20 hours of work per week, bi-monthly website updates, scheduled social media posts as often as needed (typically daily), optimization of social media ([redacted]), schedule management (private & public calendar), media/interview preparation, endorsement interview prep, volunteer management, a full time “body man” for events, debate prep, coalition building, coordination of meetings with large donors throughout the state, etc. Requirements (from Client): 1. Part One: weekly availability for min. 1 phone call and 1 face-to-face, transparent communication of; personal schedule for each week and reliable access to personal calendar, conflicts of any kind, continuous update regard changes in scheduling. 2. Part Two: bi-weekly availability for min. 1 phone call and 1 face-to-face, transparent communication of; personal schedule for each week and reliable access to personal calendar, conflicts of any kind, continuous update regarding any changes in scheduling, Deliverables (organized by due date): To be determined after client intake process in complete and campaign plan written in conjunction with Campaign Manager. Timeline: 1. Part One: January, 2018 – June, 2018 2. Part Two: June, 2018 – November, 2018 Budget: 1. Project Total: $27,000. a. Breakdown: $14,500 from January – June 2018, $12,500 from June – November 2018 b. Opportunity for Win Bonus I. Candidate makes it into November run-off (Top Two) - $2,500 ii. Candidate is elected to office - $2,500" EXHIBIT 3 (Resignation email from Campaign Manager) This email was sent to candidate and all campaign staff following their resignation. "Good morning Shay, I hope this email finds you well. When I first met you I was deeply inspired; it was comforting to find another woman of color who was active in the community and unafraid to challenge the confines of the system. While I have my own dreams and aspirations it was natural for me to be willing to make a sacrifice to support another Queen in the movement. As I came into your campaign with little political experience, I initially felt confident in my ability to be a strong leader for the team based on my own professional experience and what you told me to be true. As time progressed I began seeing things that would prove otherwise in regards to the team. When you brought me on, your first text message to me was, " I need a boss, these people are making my job hard". I assumed you were referring to your team from which I have come to know as dedicated individuals who are there for the right reasons; with the exception of maybe one. I of course took everything you said about your team, other community leaders and members and people in your circle; as law. I would watch you open heartedly interact with people and even invite them into your home and then tell me not to trust or connect with them. This week when you said our whole team tells on each other and talks about each other; we all agreed that is not true. Actually from my own reflections and observations you are in fact the only person that complains and talks about other members of our team to everyone on the team. That became a red flag. I woke up every morning with a positive mindset truly trying to continue to see the good in this campaign and in you; accepting your story and your past and using it to justify things that for me weren't making sense. I have prayed and asked God for clarity on this situation because he is the one that orders my steps. This past week was extremely eye opening and gave me all the information I needed to make my decision. I feel that [redacted] was brought onto the team very suddenly and without you consulting the entire team; by the time I met him it was 24 hours before our team met him and he was in your house meeting with your wife. I could not be fully present because I was setting up the garage for [redacted]; which was weird because she had the paper work organized and it was basically me cleaning your personal belongings. Your words to me were , " No one has done it, it's the campaign manager's job to set it up." Regardless of whatever issues you had with the team, [redacted] was brand new and should not have been able to get the sense that you didn't trust your team. This is a message you have consistently conveyed to new comers walking on. While I agree some mistakes have been made, it has not been anything grand enough to put people down. I myself have felt personally attacked more than once and this week when you said those emails were not geared towards me and[redacted], but meant for [redacted], I just don't believe that. A clear example of this was the other night when you yelled at me and [redacted] exclaiming, " Me and Yolanda said what are we paying the both of you for if we aren't seeing tangible outcomes?!" I have tried to do my job, and you have continuously told me you know what's best, you have run a campaign before etc. It it hard for me to take that to face value because had you by yourself ran a successful campaign there is no way that anyone would walk onto your campaign and be met with extreme disorganization, emotionally charged communication and complete lack of clarity around overall plan. I have tried in particular this week to ground down and gain clarity and plan yet the conversation becomes scattered, you avoid the real issues and I leave feeling overwhelmed and anxious. All of these things have been too much; but for me what really moved me into the space I am in was last night. The evening [redacted] got paid he went to your room and you asked him, " Did you get paid?" his response was , " Yes, [redacted] gave me a check," Your response was, " Good, I want you to get paid in the beginning." I remember that conversation clear as day, and with your great memory there's no way you forgot it. I would never seek to embarrass or call someone out in front of their team or family in their own house. But it was hard to stand by while you made [redacted] seem like someone that took money behind your back without your knowledge. This was not the first inconsistent story I have heard throughout the campaign and frankly I cannot support a person or situation that goes against my own morals. Integrity is my hallmark, and I feel that it is an area you struggle with. This was a very painful decision because I have grown to love your family dearly and truly thought that you and I would be life long friends. However, under no circumstances will I ever sacrifice my morals, values and time in a situation I believe to be toxic and unhealthy. I cannot support someone who creates this type of environment as a candidate or elected official. I truly believe that we can re imagine the system and you have great passion; but I can no longer walk alongside you in this movement as it causes too much internal conflict and spiritual unrest. Based on previous conversations I don't think an in person conversation or phone conversations would have been effective or allowed me to convey my message with clarity.I ask that you please do not try and reach out to me regarding the matter as my decision is final and I want to leave this in my past. I heave cleared out the campaign email, will not disclose any information about the campaign and hope to receive payment for the days I worked this month from [redacted]n. The final check can be sent to my home address [redacted]. Thank you." The campaign and Candidate have gone so far as to contact personal friends of mine, spreading rumor, half truth and flat out lies regarding my performance as a professional. Up to 1/18/2018 at which time I was instructed by Shay[redacted] via email to "please cease all work", I was in contact and actively working with prospective donors, endorsers and others to secure support for the campaign. It is for that reason that I do not believe the campaign is entitled to a full or partial refund, since up to the day I was told to stop, I did what my contract and scope of work explained I would do.
Sent on: 3/13/2018 2:48:06 AM

This complaint can only be resolved with a refund. We hope that no other campaign or candidate will consider this consultant. No additional response is necessary without a refund. Please keep this complaint on file for documentation and future reference. Complaint: [redacted]I am rejecting this response because:Sincerely,Yolanda[redacted]