Writing and Signing the Contract

The most important advice you will ever get when it comes to developing a consultant contract with your evaluator is to be specific.

Make sure everything you agreed to verbally is in writing. Remember that you are not obligated to sign the contract that the consultant provides. You can ask questions and request that some items be changed or that additional items be added. If the evaluator objects to any of your requests, you will need to negotiate a solution that satisfies you both.

The contract may not seem so important in the beginning when you are establishing your relationship, but should a dispute arise, you will need to refer to it – and you will be very glad that you made sure it's both clear and specific. Reputable evaluators feel the same way, so you should never feel guilty about looking over a contract very carefully before signing it.

While contracts vary from evaluator to evaluator, you will probably want to see the following sections included in your contract:

• Parties Involved: Both your school district or non-profit agency and the evaluator should be specifically named.

• Services: This is where you need to be very specific. Delineate exactly what services the evaluator will be providing. This section could be one paragraph long or it could be several pages. Deadlines should be included.

• Fees and Payments: This section specifies exactly what fees are to be paid to the evaluator and when. If you want to see a product before you issue payment, you need to say so in this section.

• Agency Responsibilities: Your evaluator is going to want this section included. If you are holding her to certain deadlines, she will want to know that your responsibilities are also clearly delineated. For example, the evaluator can't produce a report unless you provide the necessary data in a timely manner. Deadlines for your responsibilities can also be included in the contract. Typically, an agency is responsible for providing data in the appropriate format and for providing reasonable access to records and project-related information.

• Amendments: You need to specify how amendments to the contract will be made. It is reasonable to expect that conditions may change during the course of a year, in which case either you or your evaluator may want to amend the contract. This is not common, but you should discuss (and put in writing) how you will handle the situation should it arise.

• Duration of Contract: Make sure the start and end dates are very clear.

• Signatures: The contract is not valid until the authorized representatives for the agency and the evaluator have signed the contract. If the evaluator works for a firm, the firm's owner or one of the firm's partners will provide that signature. If the evaluator is an independent contractor, she will sign for herself. Typically, the superintendent or her designee signs on behalf of a school district, and the Executive Director usually signs on behalf of a non-profit organization.

In addition to these sections, you may want to address a few other items in the contract. For instance, how will any disputes be handled? This is one of those questions that may not matter 99% of the time, but when a dispute occurs, it really matters. Other possible items include: What will happen if the evaluator does not complete the work? What will happen if the school/district/agency fails to do its part on time? Will deadlines be extended if the needed data are not available?

Remember to think the contract through very carefully before signing. You are entering into an agreement that both you and your evaluator will take very seriously.