(a) Duties and responsibilities. The Commissioner of Fleet and Facility Management shall have the following duties and responsibilities:
(1) To operate, manage, and maintain: (1) all public buildings and public grounds owned or occupied by the City, subject to lease provisions, except: (i) airport properties; or (ii) the public way and public transit rights-of-way; or (iii) properties managed by the Department of Planning and Development or Department of Housing; or (iv) property within any redevelopment or project area designated by the Community Development Commission pursuant to Chapter 2-124 of this Code; or (v) the sale of surplus land pursuant to Chapters 2-158 and 2-159 of this Code, and except as may otherwise be provided by this Code; (2) the Chicago Riverwalk as defined in Section 2-32-1300(a); and (3) Millennium Park, as that term is defined in Section 10-36-140, and in accordance with Section 10-36-140;
(2) To coordinate, supervise and inspect the installation, repair and maintenance of all telecommunications equipment in buildings and structures owned or used by the City, except the telecommunications system for the Police and Fire Departments and for all City airports; provided, however, that the chairman of the appropriate City Council committee may direct the Commissioner on the management, operation and maintenance of telephone services for the City Council chambers, the City Council offices, and the areas adjacent thereto, except the access corridors and the press room;
(3) To supervise City storerooms and warehouses;
(4) Subject to approval of the City Council, to negotiate to purchase, sell, lease or let real estate and to purchase, sell, lease or let real estate on behalf of the City; provided, however, that this provision shall not apply to: (i) airport developments; or (ii) street or public transit improvements; or (iii) properties managed by the Department of Planning and Development or Department of Housing; or (iv) property within any redevelopment or project area designated by the Community Development Commission pursuant to the provisions of Chapter 2-124 of this Code; (v) the sale of surplus land pursuant to Chapters 2-158 and 2-159 of this Code; or (vi) the lease of real estate for the purpose of establishing and maintaining clinic spaces to provide diagnosis, treatment, or preventive care for medical, mental health, or behavioral health conditions, including substance use disorders;
(5) To appoint appraisers to determine the rent to be paid on renewal of any lease, the fair market value of property to be purchased upon expiration of any lease or the fair market value of any property to be bought or sold by or on behalf of the City, except for: (i) street or public transit improvements; or (ii) property within any redevelopment or project area designated by the Community Development Commission pursuant to Chapter 2-124 of this Code; or (iii) the sale of surplus land pursuant to Chapters 2-158 and 2-159 of this Code;
(6) To maintain and hold all deeds, mortgages, leases and articles of conveyance for property owned or occupied by the City, except for property acquired by the Community Development Commission;
(7) To permit any department of City government to use any real estate owned or leased by the City;
(8) To inspect and supervise the installation, repair and maintenance of all appliances, fixtures and electrical equipment and electrical wiring in all buildings and structures owned or used by the City, except for public-safety-related radio communications and equipment, which is subject to the jurisdiction of the Executive Director of Emergency Management and Communication pursuant to Section 2-29-040(14);
(9) To have charge of all engineering and architectural services, and all labor, equipment and materials, required in the construction, rehabilitation and repair of City buildings;
(10) To collect, audit and remit to the Comptroller all funds received from the operation of City facilities, except City parking lots and airports and as may be otherwise provided by ordinance;
(11) To enter into curtailment agreements with electric utility companies and other curtailment service providers;
(12) Subject to approval of the Corporation Counsel as to form and legality, and except as otherwise provided in this subsection, to negotiate and execute on behalf of the City any lease, right-of-entry agreement or other document evidencing an agreement for the use and occupancy of real property, which may include terms providing for indemnification, for a term not to exceed 30 days. Such initial agreement may be extended, renewed or continued for up to an additional 150 days. Provided, however, that no extension, renewal or continuation of such initial agreement shall extend beyond a totality of 180 days, unless: (1) the agreement is referred to the Chicago City Council for review and full disclosure as to all parties, particulars, events and justifications meriting such extension, renewal or continuation; and (2) the Chicago City Council approves an extension, renewal or continuation of such agreement beyond a totality of 180 days. Provided further, that the Commissioner's power to negotiate and execute on behalf of the City any lease, right-of-entry agreement or other agreement for the use and occupancy of real property within the Chicago Riverwalk, including concession agreements for food, beverages, goods and services within the Chicago Riverwalk, shall be governed by Section 10-36-145;
(13) To provide in-house design, artwork, reproduction, printing, photography, publications and other artistic services to City government;
(14) To sell, either directly or through a designee, graphics-related products (for example, digital and print photographs, calendars, posters and postcards), for the purpose of generating revenue to benefit the City of Chicago and promoting the City and the City’s attractions, and to enter into contracts in order to accomplish such sales;
(15) To enter into intergovernmental agreements with other units of local government and school districts for services provided by the Department related to graphics and reproduction, including printing, design, photography and marketing services;
(16) To take such actions that the Commissioner considers necessary or appropriate to protect the City’s intellectual property rights in publications and other products produced or facilitated by the Department;
(17) To enter into contracts for the sale and purchase of natural gas, renewable energy, renewable energy credits and carbon emission credits, subsequent to competitive solicitation, and containing such terms as are useful, customary and appropriate for such transactions in the industry, including but not limited to the following provisions: (1) supplying a bond, letter of credit, or other performance-related security to the vendor, (2) indemnifying the vendor, (3) addressing the sale of natural gas back into the market at a loss, and (4) addressing damages for the City's late payment, early termination or failure to perform; and to execute any ancillary documents necessary to affect any transactions contemplated by such contracts. The duration of such contracts shall not be subject to the time and term limitations set out in 65 ILCS 5/8-1-7. Any such contracts shall be subject to the availability of funds duly appropriated for such contracts and to review and approval by the City's Chief Financial Officer;
(18) To procure and oversee public utilities for City-owned or City-leased facilities, including airport facilities, and to oversee the implementation of public utility franchise agreements, without being bound by the time and term limitations set out in 65 ILCS 5/8-1-7;
(19) To operate, oversee and maintain the City’s opt-out electricity aggregation program;
(20) To enter into grant agreements with government entities, private businesses and civic groups necessary to implement energy conservation programs at all public buildings and public grounds operated, managed and maintained by the Department;
(21) To coordinate document retention services and facilitate storage of records;
(22) To administer the City’s fleet and to hold title to it in the City’s name;
(23) To ensure that the fleet is maintained in good working order and in accordance with all City, state and federal requirements;
(24) To develop rules and guidelines regarding the configuration and use of emergency and non-emergency lights and sound equipment on the fleet, consistent with applicable City, state and federal laws, and in consultation with City departments that use fleet vehicles that are so equipped;
(25) To coordinate, supervise, monitor and inspect the maintenance and repair of the fleet, except as otherwise provided in the annual appropriation ordinance;
(26) To retrofit, or cause to be retrofitted, any vehicle in the fleet with safety-enhancing equipment or function-enhancing equipment that is necessary or appropriate for such vehicle, as determined by the Commissioner, in consultation with the City department or agency that controls or uses the vehicle;
(27) To establish and coordinate a loan pool for the fleet;
(28) To review specifications for purchasing and leasing fleet for all City agencies and departments, including the Departments of Police, Fire and Aviation;
(29) To receive and review all requisitions for fleet, and to coordinate the purchase and leasing of approved requisitions for fleet with the Chief Procurement Officer, except as otherwise provided in the annual appropriation ordinance;
(30) Subject to the annual availability of duly appropriated funds and approval of the Corporation Counsel as to form and legality, to negotiate and execute fleet leases on behalf of the City. The duration of such leases shall not be subject to the time and term limitations in 65 ILCS 5/8-1-7;
(31) To receive, review and process requisitions for non-emergency fuel from all agencies and departments, including the Departments of Police, Fire and Aviation, and to provide for its delivery and disbursement;
(32) To implement and maintain a fleet maintenance system and a fuel management system;
(33) With regard to the types of vehicles, equipment and services within the Commissioner’s jurisdiction, to enter into intergovernmental agreements with other units of local government and school districts for maintenance and repair; provision of fuel; or disposition of surplus, obsolete or worn-out inventory;
(34) To conduct advisory evaluations of environmentally significant projects and activities within or affecting the City, which are undertaken by City departments or agencies, including a review for compliance with environmental requirements and the environmental policy implications of such activities, and to provide such evaluations to the Mayor;
(35) Subject to approval of the Corporation Counsel, to negotiate and execute, on behalf of the City, leases, rights-of-entry agreements or other agreements authorizing the temporary use or occupation of City property by others for purposes of conducting environmental assessments, remediation or related activities authorized by this chapter;
(36) Subject to approval of the Corporation Counsel, to negotiate and execute, on behalf of the City, leases, rights-of-entry agreements or other agreements authorizing the City to use or occupy, on a temporary basis, land owned or controlled by another for purposes of conducting an inspection, investigation or other activities authorized by this chapter;
(37) To encourage and conduct studies, investigations and research, including joint cooperative investigations and research with public and private agencies and organizations, relating to energy efficiency and brownfields redevelopment, as the Commissioner may deem necessary or advisable;
(38) To advise, consult and cooperate with other agencies of the state and federal governments and other governmental agencies to advance energy efficiency and brownfields redevelopment;
(39) To enter into grant agreements, cooperation agreements and other agreements or contracts with governmental entities, private business and civic and community groups to implement contaminated sites remediation and waste disposal programs; and to enter into and execute all other instruments and perform any and all acts, including the allocation and expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto;
(40) To participate or otherwise engage in the City’s emergency preparedness and emergency response activities;
(41) To enter into intergovernmental agreements to implement the City's environmental review obligations under the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4312 - 4347 and the National Historic Preservation Act, 54 U.S.C. §§ 300101, et seq.;
(42) To negotiate and execute, jointly with the Commissioner of Transportation, agreements pertaining to the operation, maintenance, development, and improvement of the Pedway, non-limiting examples of which include leases, easements, and agreements providing for right-of-entry, operation and maintenance, and capital improvements. For purposes of this subsection, "Pedway" means the system of grade-separated walkways below and above the street level that runs through various public and private facilities and buildings in the Central Business District;
(43) Subject to approval of the Corporation Counsel as to form and legality, to enter into agreements with corporations, non-profit organizations. cooperatives, public-private partnerships, and other entities to lease, license, or otherwise allow the placement of telecommunications systems and equipment on City-owned buildings and structures, provided that such telecommunications systems and equipment shall be used to provide broadband connectivity to Community Areas where 20 percent or more of households do not have access to the Internet at home, according to the most recently available American Community Survey 5-year estimates;
(44) Subject to approval of the Corporation Counsel as to form and legality, to negotiate and execute, jointly with the Commissioner of Health, on behalf of the City any lease, right-of-entry agreement, or other document evidencing an agreement for the use and occupancy of real property, which may include terms providing for indemnification for the purpose of establishing and maintaining clinic spaces to provide diagnosis, treatment, or preventive care for medical, mental health, or behavioral health conditions, including substance use disorders; and
(45) To do any and all other acts which may be necessary for the implementation of other powers conferred on the Commissioner and Department under this Code.
(b) Rulemaking authority. The Commissioner of Fleet and Facility Management is authorized to promulgate rules necessary or appropriate to implement this chapter and other powers conferred on the Commissioner and Department under this Code.
(c) When applicable, the foregoing powers and duties shall be exercised in conjunction with the Executive Director of the Office of Public Safety Administration pursuant to Section 2-96-040.
(Added Coun. J. 11-16-11, p. 13798, Art. III, § 1; Amend Coun. J. 11-8-12, p. 38867, § 3; Amend Coun. J. 12-12-12, p. 42333, § 6; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 3, and Art. II, § 3; Amend Coun. J. 11-19-14, p. 98037, § 3; Amend Coun. J. 10-28-15, p. 11951, Art. VIII, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 3; Amend Coun. J. 7-26-17, p. 53338, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XIII, § 3; Amend Coun. J. 11-14-18, p. 90308, Art. I, § 24 and Art. V, § 1; Amend Coun. J. 4-10-19, p. 99059, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. III, § 3; Amend Coun. J. 10-27-21, p. 39543, Art. I, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 5; Amend Coun. J. 11-15-23, p. 6542, Art. I, § 5)