CRM RFP Professional Services Staffing
STANDARD OF PERFORMANCE WARRANTY
CRM Service Provider represents and warrants that all CRM software related Services shall be performed: (a) in a diligent, efficient and trustworthy manner; (b) for the purpose of advancing and improving our business; and (c) consistent with the professional standards in the field.
CRM vendor warrants that qualified personnel will provide services in a professional manner. "Professional manner" means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the customer relationship management (CRM) and information technology (IT) industries. CRM vendor will serve as the prime Vendor under this Contract at all times. Should our organization approve any subcontractor(s), the CRM vendor shall be legally responsible for the performance and payment of the subcontractor(s). Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor's obligations hereunder. Third party subcontractors, if approved, may serve as subcontractors to Vendor. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third
PROFESSIONAL SERVICES STAFFING
If any CRM Consultant employee assigned to perform Services under any Statement of Work is unacceptable for any reason, we shall notify Consultant in writing and Consultant shall promptly remove the named Consultant employee from performing such work or Services. Consultant shall promptly provide a replacement employee with equal or better qualifications and skills at no increase in cost. Consultant shall require any Consultant employee assigned to perform Services to execute a Declaration Regarding Confidentiality.
CRM consultant agrees to use reasonable efforts to ensure the continuity of personnel assigned to perform Services under any Statement of Work. CRM consultant agrees not to reassign or otherwise remove any of its personnel assigned to perform Services under any Statement of Work without our prior written consent; provided, however, that CRM consultant may replace or reassign personnel, without our consent, in cases of: (a) promotion or permanent transfer; (b) termination of employment; or (c) illness, death, and other personal and compassionate reasons. CRM consultant shall not substitute key personnel assigned to the performance of this Contract without prior written approval of the Project Manager. Any desired substitution shall be noticed to the Project Manager and accompanied by the names and references of CRM vendor's recommended substitute personnel. The Project Manager will approve or disapprove the requested substitution in a timely manner. The Project
Manager may, in his or her sole discretion, terminate the services of any person providing services under this CRM Contract. Upon such termination, the Project Manager may request acceptable substitute personnel or terminate the contract services provided by such personnel.
CRM Service Provider shall not employ any agent or subcontractor in connection with the performance of the Services unless Service Provider has received the prior written consent from our organization, which consent will not be unreasonably withheld. Service Provider shall give us reasonable prior written notice specifying the components of the Services affected, and the identity and qualifications of the proposed agent or subcontractor. Service Provider shall provide at least as much protection with respect to the agent or subcontractor as is set forth under the terms and conditions of this Agreement. Service Provider shall remain responsible for acts, obligations, services and functions performed by agents and subcontractors to the same extent as if such acts, obligations, services and functions were performed by Services Provider employees, and for purposes of this Agreement such work shall be deemed work performed by Service Provider. Service
Provider shall be the sole point of contact regarding the Services, including with respect to payment. Service Provider shall not disclose the Confidential Business Information to an agent or subcontractor unless and until such agent or subcontractor has agreed in writing to protect the confidentiality of such Confidential Business Information in a manner substantially equivalent to that required of Service Provider under this Agreement.
For CRM RFP response and proposal purposes, Bidders must clearly indicate which services and/ or third party products are provided through their own operations vs. other providers' operations (e.g., resale or contractors).
The CRM vendor may subcontract the performance of required services with other Vendors or third parties, or change subcontractors, only with the prior written consent of the Project Manager. CRM vendor shall provide the Project Manager with complete copies of any agreements made by and between Vendor and all subcontractors. The selected Vendor remains solely responsible for the performance of its subcontractors. Subcontractors, if any, shall adhere to the same standards required of the selected Vendor. Any contracts made by the Vendor with a subcontractor shall include an affirmative statement that our organization is an intended third party beneficiary of the contract; that the subcontractor has no agreement with our organization; and that our organization shall be indemnified by the Vendor for any claim presented by the subcontractor. Notwithstanding any other term herein, Vendor shall timely exercise its contractual remedies against any non-performing subcontractor and, when
appropriate, substitute another subcontractor.
SECURITY AND BACKGROUND CHECKS
We reserve the right to conduct a security background check or otherwise approve any employee or agent provided by CRM vendor, and to refuse access to or require replacement of any such personnel for cause, including, but not limited to, technical or training qualifications, quality of work or change in security status or non-compliance with our security or other requirements. This approval requirement shall not relieve Vendor of its obligations to perform all work in compliance with the Contract terms. We reserve the right to reject and/or bar any Vendor personnel, whether employee or agent, from the facilities for cause. Facilities, as used herein, shall comprise physical, internet-based resources or interfaces, intranet resources, or informational resources.
Upon request, CRM Service Provider will submit a detailed progress report. Such progress reports will detail Services performed to date and estimated time to complete.
CRM consultant staffing is a growing cause cited in customer frustrations and unsuccessful CRM implementations. Several CRM vendors are under-staffed during peak periods and/or choose to hire younger and less experienced consulting staff. To protect yourself, be certain to acquire proposed consultant resumes before completing the software subscription agreement and make sure those resumes include thorough product skills and plenty of implementation industry experience.