Vendors typically issue
the same boilerplate contract
to their customers,
with a few minor alterations
such as district name and
number of school sites. That
doesn’t mean you have to accept the
document as is, however. Though I
don’t purport to be a legal expert, here
are a few common-sense strategies that
have worked for my district.
Tip #1: Hire a Lawyer. Retain a technology attorney to work
through one major contract together. When
negotiating our district’s student management
system contract, for example, I
turned to a lawyer who specializes in tech
issues. She reviewed the contract and suggested
changes, which I then rewrote into
the contract myself (this last step saved us
a lot of legal time). Total cost: $1,000.
Tip #2: Protect Your Assets. If you’re using a Web-based application
service provider, guarantee in writing
that your data’s backed up regularly and
will be made available, along with the
software code, if the vendor goes out of
business or is sold. It may be expensive
for your district to maintain the code,
but at least you’ll have the option.
Tip #3: Keep Problems in State. What happens in the unlikely event you’re
forced to sue a vendor? Boilerplate contracts
typically stipulate any legal actions
and proceedings must occur in the vendor’s
home state. Since you’d rather have
a jury of community members hearing
your claim, include a provision that
ensures any legal cases are tried in state.
Tip #4: Adjust Billing Terms. Often contracts will state the total bill
needs to be paid within 30 days. Instead,
agree to pay the vendor according to the
district’s warrant schedule since many
districts only pay bills once a month.
Tip #5: Guarantee Success. It’s wise to negotiate that 10 percent of
payment will be held back until the software
is fully implemented, not simply
installed. The definition of “full implementation” should be clearly stated in
the RFP. In my district, it means every
school has full access to all components
of the software and uses it daily.
Jo Campbell, Ed.D., is assistant superintendent
of the Council Bluffs Community School
District in Council Bluffs, Iowa. She earned
a doctorate in educational administration
from Columbia University.