Services.
San José Municipal Code § 4.12.055
in effect4.12.055 - Services.
A. "Services" means:
1. Any work performed or services rendered by an independent contractor, with or without the furnishing of materials, to do the following:
a. Maintenance or nonstructural repair of City buildings, structures or improvements, which does not require engineering plans, specifications or design, including but not limited to unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, elevator maintenance, custodial services and pest control;
b. Repair, modification, and maintenance of City equipment and software;
c. Cleaning, analysis, testing, moving, removal or disposal (otherwise than by sale) of City materials, supplies and equipment;
d. Replanting, care, or maintenance of public grounds, including but not limited to trees, shrubbery, flowers and lawns, which does not require engineering plans, specifications or designs;
e. Provide temporary personnel services;
f. Provide other miscellaneous services to facilitate department operations;
g. Perform repair, demolition or other work required to abate nuisances pursuant to this Code;
h. Install and implement information technology projects; or
i. Perform technical or professional services.
2. Leasing or rental of personal property for use by the City.
B. "Services" shall not include:
1. Any Public Works Project as defined in Section 1217(a)(1) of the San José City Charter, or any purchases of materials, supplies or equipment;
2. Services performed under a grant agreement between the City and a grantee of a City program;
3. Services for the design, fabrication or installation of a work of art; or
4. Services performed under a concession agreement between the City and a licensee or permittee on City property.
C. Consistent with the definition of Public Works Project in Section 1217(a)(1) of the San José City Charter, Services involving maintenance can include repairs, construction, erection, improvement or demolition incidental to such maintenance. To be "incidental" to such maintenance, the procurement must demonstrate that the repairs, construction, erection, improvement or demolition are:
1. Absolutely necessary to the proper completion of the maintenance; and
2. A minor component of the maintenance considering factors such as the cost and complexity of the maintenance, and the cost and complexity of the repairs, construction, erection, improvement or demolition.
(Ords. 27980, 28897, 30308, 31227.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT4REFIBUTA_CH4.12PRGOSE_PT1DE_4.12.055SEFetched: 11/1/2026