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Rules & Legislation Committee
May 25, 2023

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May 25, 2023
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Rules & Legislation Committee
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APPROVED AS TO FORM AND LEGALITY

CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO

NEGOTIATE, UPDATE, AND EXECUTE AN AGREEMENT WITH CLAREMONT BEHAVIORAL SERVICES, INC. (“CLAREMONT”) FOR EMPLOYEE ASSISTANCE PROGRAM (“EAP”) AND RELATED SERVICES FOR: (1) ALL NON -SWORN CITY EMPLOYEES AND THEIR RESPECTIVE ELIGIBLE DEPE NDENTS AND (2) ALL

SWORN CITY EMPLOYEES AND THEIR RESPECTIVE ELIGIBLE DEPENDENTS, IN

THE AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS IN CONTRACT YEAR 2023 -2024 WITH OPTIONS TO EXTEND THE AGREEMENT IN ONE OR TWO YEAR INCREMENTS THROUGH FISCAL YEAR 2029, IN AMOUNT

NOT TO EXCEED TWO HUNDRED AND FIFTY -EIGHT THOUSAND DOLLARS IN CONTRACT YEAR 2024-2025, TWO HUNDRED SIXTY-SIX THOUSAND DOLLARS IN CONTRACT YEAR 2025 -2026, TWO HUNDRED S EVENTY-TWO HUNDRED THOUSAND DOLLARS IN CONTRACT YEAR 2026 -2027, TWO HUNDRED EIGHTY THOUSAND DOLLARS IN CONTRACT YEAR 2027-2028, AND TWO HUNDRED AND NINETY THOUSAND DOLLARS IN CONTRACT YEAR 2028 -2029, FOR A TOTAL

NOT TO EXCEED ONE MILLION EIGHT HUNDRED AND SIXTEEN THOUSAND DOLLARS, AND (3) WAIVING THE LOCAL AND SMALL LOCAL BUSINESS ENTERPRISE (L/SLBE) PARTICIPATION REQUIREMENTS.

WHEREAS, the City Council des ires employee assistance program and related services for sworn members of the Oakland Police Department and eligible dependents; and

WHEREAS, the current vendor who provides EAP services to sworn members of the Oakland Police Department and eligible dependents is ceasing its California operations as of June 30, 2023; and

WHEREAS, after engaging in a request for proposal process, the City determined that Claremont Behavioral Services, Inc. provided the most efficient and effective option for the provision of employee assistance program services; and

2646873v9 / Attorney Initials - updated 1/9/2022
1 WHEREAS, Claremont Behavior Services can accommodate the immediate addition of sworn members of the Oakland Police Department and eligible dependents to Oakland’s EAP program; and

WHEREAS, the City Council desires that the contract for services includes a baseline per employee fee schedule for ongoing services and a fee-for-service schedule for as-needed services; and

WHEREAS, the City Council desires that the City Administrator have the authority and flexibly to renew the contract on acceptable performance by Claremont Behavioral, Services, Inc.; and

WHEREAS, pursuant to the City Council’s motion authorizing the agreement with Claremont Behavioral Services, Inc., the agreement provides that the term thereof shall be two years, with options on the City’s part to extend the term of the agreement in one-year or two-year increments through Fiscal Year 2029; and

WHEREAS, staff recommends that the City waive the L/SLBE participation requirement because the Contracting and Purchasing Division has verified that the City’s database of certified contractors does not contain at least three firms that list the types of services required for this contract; and

WHEREAS, the City Council finds that this contract is for professional services; and

WHEREAS, the City Council finds that services under this contract will be temporary; and

WHEREAS, the City Council finds that this contract shall not result in the loss of employment or salary by any person having permanent status in the competitive service; now, therefore, be it

RESOLVED: That the City Administrator, or designee is hereby authorized to negotiate and execute an agreement with Claremont Behavioral Services, Inc. (“Claremont”) for Employee Assistance Program (“EAP”) and related services for all sworn and all non-sworn City employees, and all respective eligible dependents in an amount not to exceed $450,000 ($200,000 in contract year 2022-2023 and $250,000 in contract year 2023-2024); and be it

FURTHER RESOLVED: That upon acceptable performance as determined by the submission of monthly Utilization Reports and Clinical Case Outcomes reports s howing stable usage, and monthly client satisfaction ratings of at least 85%, the City Administrator is authorized to negotiate and execute contract extensions in one -year or two -year increments through Fiscal Year 2029 in amounts not to exceed $258,000 in contract year 2024 -2025, $266,000 in contract year 2025-2026, $272,000 in contract year 2026-2027, $280,000 in contract year 2027-2028, and $290,000 in contract year 2028-2029, for a total not to exceed $1,816,000; and be it

FURTHER RESOLVED: That funding for contract services to be contained in the Adopted Policy Budgets for Fiscal Years 2020 -21 and 2021 -22 within the Fringe Benefits Fund (1300), Undetermined Organization (00000), Accrued Health / FICA / Medicare Account (21516), Undetermined Project (0000000), Undetermined Program (0000); and be it FURTHER RESOLVED: That the City Administrator, or designee, is hereby authorized to complete all negotiations and execute all contracts, amendments, modifications, and extensions consistent with this resolution and its basic purposes.

IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND

PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –

ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

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