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HomeMy WebLinkAboutChapter 12 - Finance City of Oshkosh Municipal Code Revised thru 04/26/2022 CHAPTER 12 FINANCE ARTICLE I. FISCAL REGULATIONS 12-1 FISCAL YEAR 12-2 CITY MANAGER TO PREPARE ANNUAL BUDGET 12-3 BUDGET OVERDRAFTS 12-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY 12-5 MUNICIPAL DISBURSEMENTS 12-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES ARTICLE II. PURCHASING 12-7 AUTHORITY 12-8 GENERAL PROVISIONS 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS 12-10 PURCHASE OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES 12-11 SOLE SOURCE 12-12 PURCHASES OF COMMODITIES 12-13 USED OR SURPLUS EQUIPMENT 12-14 EMERGENCY PURCHASES 12-15 COOPERATIVE PURCHASING PROGRAMS 12-16 PROFESSIONAL SERVICES ARTICLE III. ABANDONED OR SURPLUS PROPERTY 12-17 ABANDONED OR SURPLUS PROPERTY City of Oshkosh Chapter 12—Page 1 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 ARTICLE I. FISCAL REGULATIONS SECTION 12-1 FISCAL YEAR The calendar year shall be the fiscal year. SECTION 12-2 CITY MANAGER TO PREPARE ANNUAL BUDGET The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on or before the 1st day of November of each year. SECTION 12-3 BUDGET OVERDRAFTS (A) Prohibited No City officer, employee, or agent, including the members of all boards and commissions, either acting individually as officers, employees, or agents, or acting in concert as a board or commission, shall overdraw the annual budget as adopted by the Common Council for the particular department or phase of City work with which such officer, employee, agent, board or commission is charged. Such prohibition against overdrafts is intended to apply to each particular item set out in the particular budget of each department, or devoted to some particular phase of City work, except as otherwise allowed pursuant to the following Subsections. (B) Ci , Manager Action Required for Overdrafts of Accounts In the event that any overdraft of any divisional budget in the annual budget is to be made the department head, board or commission officer, agent, or employee requesting the same shall present his or her request to the City Manager in writing, setting forth the amount requested and the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the divisional budget and if there are sufficient and available funds in the departmental budget, the City Manager may cause the necessary and appropriate transfer to be made by written executive order. (C) Council Action Required for Overdrafts of the Approved Annual Budget In the event that of an overdraft of any approved departmental budget is to be made, the department head, board or commission officer, agent, or employee requesting the overdraft shall present his or her request in writing to the City Manager, setting forth the amount requested and the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council may then cause the necessary and appropriate transfer to be made in such amount as the Council shall determine. City of Oshkosh Chapter 12—Page 2 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 SECTION 12-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY See Section 65.10, Wisconsin Statutes. SECTION 12-5 MUNICIPAL DISBURSEMENTS (A) State Statutes Adopted All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of the Wisconsin State Statutes, except as hereafter provided. (B) Facsimile Signatures of Officials All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on all order checks drawn against a City Depository for all purposes the facsimile signatures of such persons as adopted by them and the Council. The use of such facsimile signature shall not relieve any municipal official from any liability to which he or she is otherwise subject, including the unauthorized use thereof. Any depository shall be fully warranted and protected in making payment on any check bearing such facsimile notwithstanding that the same may have been placed thereon without the authority of the designated persons. (C) Filing Vouchers Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant and the address and amount and nature of the claim shall be filed with the City Treasurer either by the claimant or by the board or commission which authorized the expenditure, who will prepare a list of the same to be filed with the City Clerk. (D) Issuance of Orders Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in accordance with said Section 66.0607. SECTION 12-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES Taxes, special assessments, and special charges shall be paid and collected in the City as provided in Chapter 74 of the Wisconsin Statutes, and as herein provided. (A) Full Pam City of Oshkosh Chapter 12—Page 3 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 Taxes and special assessments may be paid in one payment on or before five (5) working days after January 31. Special charges and other taxes must be paid in full on or before five (5) working days after January 31. (B) Installment Payments Taxpayers have the option of paying their real estate taxes and special assessments in four installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (C) Minimum Installment If the amount of either real estate taxes or special assessments is less than $100, the amount shall be paid in full on or before five (5) working days after January 31. (D) Personal Proper , Taxes (1) All taxpayers have the option of paying personal property taxes on improvements on leased land in four installments, each equal to 25% of the total. The due dates for the installments shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five (5) working days after its due date, the total unpaid balance shall become immediately due and payable and subject to penalty. (2) Notwithstanding any other provision to the contrary, all personal property taxes not subject to paragraph (1) above shall be paid in full on or before five (5) working days after January 31. (E) Interest Penalty Any payment not received on or before five (5) working days after its due date shall have added thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full. Delinquent payments shall accrue interest as of February 1. ARTICLE II. PURCHASING SECTION 12-7 AUTHORITY The General Services Bureau Manager is hereby designated as the Purchasing Authority for the City of Oshkosh and shall make all purchases for all City departments, whose funds are under the direction of the City Manager or Council. The Purchasing Authority will be responsible for city purchases,but may delegate to others the tasks related to purchasing. Those city entities, whose funds are not under the direction of the City Manager or Council, may, upon mutual agreement, utilize the services of the Purchasing Authority. Regardless of whether purchasing is performed by the Purchasing Authority, a City of Oshkosh Chapter 12—Page 4 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 designee of the Purchasing Authority or another city entity, all purchasing shall be done in accordance with state statutes, municipal code, and the city's purchasing policies and on the basis of the lowest price commensurate with quality, service, and delivery. SECTION 12-8 GENERAL PROVISIONS (A) The City's Purchasing Authority or City Departments or Divisions may purchase supplies, equipment, goods and materials, and recommend that the City enter into agreements or contracts for services or Public Works when the costs of the same have been included in the approved City budget. Except as specifically excluded by State Statute or this Municipal Code, when the estimated aggregate costs may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. (B) The City Manager and his/her designee shall be authorized to enter into agreements or purchase orders as appropriate, when the costs have been included in the City Budget and the estimated aggregate costs of the purchase will not exceed twenty-five thousand dollars ($25,000). (C) No contract or purchase shall be done by serial purchases or otherwise artificially subdivided to avoid complying with the requirements of this ordinance. (D) This Chapter shall apply to every purchase regardless of the source of the funds to be used for the purchase, including state and federal assistance, gifts, grants and any other funds received by the City, except nothing in this Chapter shall prevent the City from complying with the terms and conditions of any federal or state grant or other assistance requirements. (E) Upon approval of the City Manager, the City may enter into multi-year agreements or renew existing agreements for supplies, equipment, goods and materials, and/or services, with an initial term of no longer than three (3) years and with extensions thereof up to a maximum of five (5) years in total duration, when the original bid or quotation requested pricing for multiple years or the option for renewal and the appropriate department head together with the Purchasing Authority determines that it is in the best interest of the City to enter into the multi-year agreement or renewal. (F) Change orders are required for changes in project scope or cost. Change orders will be made in accordance with the following procedures: (1) Approval authority. Unless otherwise specified, change orders can be approved by the City Manager for an amount within the amount budgeted, up to $25,000 or 15% of the contract price, whichever is lower. City of Oshkosh Chapter 12—Page 5 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 Any change order in excess of the budgeted amount, in excess of$25,000 or in excess of 15% of the contract price, shall require recommendation by the City Manager and approval by the Common Council. (2) For contracts or purchases which were not approved by the Common Council because they were estimated to not exceed $25,000, change orders shall not cause the total contract or purchase to exceed$25,000 without Council Approval. (3) Notwithstanding the limitations contained in paragraphs 1 and 2 above, the City Manager shall have the authority to approve change orders which, in the City Manager's discretion, are in the best interests of the City and necessary to not impede progress upon a project or required by emergency or other necessity. The City Manager shall report change orders entered into under this paragraph which would have required Council approval to the Common Council as soon as practicable and within 60 days of approval of the change order. (G) The City Manager shall prepare and submit to the Common Council a written report concerning purchases for any vendors or service providers whose total aggregate purchases in a single calendar year exceed$300,000. SECTION 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS (A) Public Bidding - Projects in excess of $25,000. In accordance with Wisconsin State Statute Section 62.15, as amended or renumbered, and except as specifically permitted by statute or as provided below, all public works projects for which the cost may exceed $25,000 must be competitively bid. The bidding and award process for such projects shall be governed by Section 66.0901, as amended or renumbered, of the Wisconsin State Statutes. (B) Public Works Projects less than $25,000. Public Works projects for which the cost is expected to be less than $25,000 need not be publicly bid however, except as specifically permitted by statute or as provided below, all Public Works projects for which the cost may exceed $5,000 but are anticipated to not exceed $25,000 must be noticed with a Class I Notice as provided in Wisconsin State Statute Section 62.15. (C) Work to be done directly y the City 1) Wisconsin Statutes permit the Common Council by a vote of three-fourths of all the members-elect to provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids. 2) The Council hereby provides that the following classes of work may be performed directly by the City without submitting the same for bids and without additional Council approval when in the opinion of the Director of Public Works or Director of City of Oshkosh Chapter 12—Page 6 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 Transportation, as appropriate, such work can be performed by municipal crews in a timely and cost effective manner and within budget: a) grading and graveling, repair, resurfacing and reconstruction of streets or alleys; b) construction, repair or maintenance of sanitary or storm sewers, water mains and other municipal utilities; c) repair, alterations or improvements to, and demolition and removal of structures on municipal property or property to be acquired by the City; d) installation, repair or maintenance of street lights, traffic signals and signage e) construction, installation, repair or maintenance of electrical, cable or fiber optics systems Public works projects other than as specifically listed above, may be done directly by the City upon specific approval of the project by a vote of three-fourths members-elect of the Common Council as provided in subsection (1) above. SECTION 12-10 PURCHASES OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES Except as provided in Sections 12-12 through 12-17 below, all purchases of equipment; materials; supplies; and contractual services, including but not limited to, telephone services, cleaning and dry cleaning services, rental, repair or maintenance of equipment, machinery or other property to be owned or used by the City shall be done according to the following procedure: (A) Purchases or Contracts for Services, Supplies, Materials and Equipment in excess of $25,000 - Competitive Sealed Bids When the estimated aggregate costs for contractual services, materials and equipment may exceed twenty-five thousand dollars ($25,000) the Purchasing Authority, or designee, shall take competitive sealed bids: (1) Invitation for Bids. Where competitive sealed bidding is utilized, an Invitation for Bids shall be issued which shall include a purchase description and all contractual terms and conditions applicable to the procurement. (2) Public Notice. Appropriate public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, as required by law, or in accordance with policy approved by the City Manager. (3) Bid Opening. Bids shall be opened publicly at the time and place designated in the Invitation for Bids. The amount of each bid, and such other relevant information as may be specified in the Invitation for Bids, together with the name of each bidder, shall be recorded. The record and each bid shall be open to public inspection. City of Oshkosh Chapter 12—Page 7 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 (4) Bid Acceptance. Bids must be submitted timely, be substantially complete and when applicable, must include any pre-qualification documentation and bond requirements. (5) Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the bid documents, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, environmental responsibility, economic sustainability, delivery and suitability for a particular purpose. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the bid documents. Such criteria may include: • the ability, capacity, and skill of the bidder to perform the contract or provide the service required; • whether the bidder can perform or contract the service promptly or within the time specified without delay or interference; • the quality of performance of previous contracts or services; • the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; • the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; • the quality, availability and adaptability of the equipment supplies or contractual services to the particular use required; • the ability of the bidder to obtain or provide future maintenance and services for the use of the subject of the contract; • the number and scope of conditions attached to the bid. Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common Council approval of a purchase. Minor errors include, but are not limited to, errors in a bidder's completion of bid documents which are not material to the bid itself; which indicate no apparent prejudice to the public or other bidders, and which have no indication of compromising the integrity of the bidding process. The Purchasing Authority shall have authority to reject any and all bids or parts of all bids and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the City. 1.Tie Bids. While state law does not allow a local preference, in the event that identical lowest bids are received for the same contract total amount with unit price, quality and service being equal, the contract shall be awarded to a bidder with a business located within Oshkosh city limits. If there is no bidder with a business located within Oshkosh city limits the contract shall be awarded to one of the tie bidders by drawing lots. City of Oshkosh Chapter 12—Page 8 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 2.Recommendation to Award. A bid tabulation summarizing the bids received for each item listing the name, bid price and other bid details shall be submitted by the Purchasing Authority to the City Manager with recommendation to award to the Common Council. 3.Protest. Protests to any sealed bid or bid award recommended by the Purchasing Authority or his or her designee may be made by any bidder as listed in subsection (1) and (2) below. Requests for Quotations and Request for Proposals are not bids and protest procedures do not apply. (1) Bid Specification Protest. Specifications that contain a term, condition or provision which prevents a vendor from bidding or are alleged to be restrictive relative to the market and/or the service requirements of the City can be appealed by filing a written protest with the City of Oshkosh Purchasing Authority at least five (5) business days prior to bid opening. The protest shall be in writing and state the reason for it. The Purchasing Authority or his or her designee shall review protests and, if modifications are necessary, an addenda containing the changes shall be sent to each bidder and the bid opening date may be extended. If modification is rejected, the protestor shall be notified. The decision of the General Purchasing Authority or his or her designee is final. (2) Bid Award Protest. Protests concerning irregularities on sealed bid opening procedures, or compliance by bidders with bid documents, must be received by the Purchasing Authority within seventy-two (72) hours after time of bid opening. A protest shall be in writing and state the reason for it. The Purchasing Authority or his or her designee shall review the protest and notify the protestor of a decision in writing within five business (5) days. No contract shall be awarded while a protest is pending, unless this action will cause undue harm to the City of Oshkosh. A protest which is untimely, fails to state the reason for it or made prior to the bid opening is invalid. The decision of the General Purchasing Authority or his or her designee may be appealed to the City Manager or his or her designee within seventy-two (72 hours) of the Purchasing Authority's notification of modification rejection to the protestor. The decision of the City Manager or his or her designee is final. (3) Filing and Notification Requirements. Notification under this paragraph shall mean notification in writing. Documents filed for protests and Notification may be sent via United States mail in a manner which provides notification of the date of delivery, sent via facsimile transmission or email to the email address listed in the bid documents for the City or to the email address of the protestor as identified within the protest document. Notification shall be complete upon date of delivery of mail or date of transmission for facsimile or email service. City of Oshkosh Chapter 12—Page 9 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 4.Protest. FTA funded procurements. For any protest related to a Federal Transportation Administration (FTA) funded procurement it is the responsibility of the local contract administrator to keep the FTA informed and updated on the status of the protest. Chapter VII, Sec. 1.b. of the FTA Circular 4220.1 F addresses protests where federal funds are involved. The FTA will only review protests regarding matters that are primarily of Federal concern. (B) Purchases or Contracts for Services, Supplies, Materials and Equipment greater than $1,500 but not in excess of$25,000-Competitive Quotations When the purchase of contractual services, supplies, materials and equipment is expected to be greater $1,500 but not in excess of $25,000, the Purchasing Authority, or designee, shall solicit competitive quotations for contractual services, supplies, materials and/or equipment. (1) Competitive quotations. Whenever practicable, the Purchasing Authority shall solicit three competitive quotations from prospective suppliers. (2) Solicitation methods. The solicitation will require formal quotations to be delivered to the Purchasing Authority or designee as specified in the solicitation, in writing by direct mail, facsimile, telephone, email or in-person delivery by a date and time specified. SECTION 12-11 SOLE SOURCE Upon approval of the City Manager to do so without following a formal competitive bidding or quotation process, the City's Purchasing Authority or City Departments or Divisions may enter into agreements for the purchase of service(s), material(s), supplies, or equipment item(s) that is (are) available from only one source of supply or when standardization or compatibility is the overriding consideration. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12-12 PURCHASES OF COMMODITIES Subject to approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process and without separate approval from the Common Council for the purchase of commodities when the Purchasing Authority determines that it is in the best interest of the City to do so. For purposes of this ordinance, commodities shall mean products, such as fuel, which are reasonably homogenous goods or materials and which may be subject to changes or fluctuations in supply and demand and market price such that it is impractical or may not be in the best interest of the City to follow a competitive bidding or quotation process for procurement. City of Oshkosh Chapter 12—Page 10 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 SECTION 12-13 USED OR SURPLUS EQUIPMENT Subject to approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for the acquisition of any used or surplus or excess equipment, materials or supplies, from a federal, state or local government if the Purchasing Authority in consultation with the appropriate department head determines that such acquisition is in the best interest of the City. When the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such purchase shall be approved by the Common Council by resolution. SECTION 12-14 EMERGENCY PURCHASES Subject to approval of the City Manager and without separate approval from the Common Council, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for purchases when warranted by an emergency situation: (1) that threatens the public health, safety, or welfare and all of the following conditions exist: was unforeseen, calls for immediate action, and cannot be responded to using established procurement methods; or (2) exists as the result of a proclamation under Section 9-2 Declaration of Emergency and Emergency Powers, of this Code; provided in such case, the Department or Division head reports such purchases to the Purchasing Authority during the next City Hall working day, or as soon thereafter as practicable. Purchases made pursuant to the provisions in this paragraph shall be reported to the Common Council upon Declaration of the end of the Emergency. SECTION 12-15 COOPERATIVE PURCHASING PROGRAMS Subject to approval of the City Manager, the City's Purchasing Authority or City Departments or Divisions may without following a competitive bidding or quotation process enter into agreements for purchases pursuant to a contract with any other local, state, or federal governmental unit or agency. Where a federal, state, or local government or cooperative purchasing group made up of purchasing officers from a federal, state, or local government, has awarded a contract for the purchase of equipment; materials; supplies; and contractual services, the Purchasing Authority may, using the same terms and conditions of the contract, purchase or lease the same equipment; materials; supplies; or contractual services from the vendor to whom the contract was awarded. City of Oshkosh Chapter 12—Page 11 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 The City may participate in cooperative purchasing agreements with other federal, state, or local governments. The City may enter into agreements for the common use or lease of facilities with other units of federal, state, or local government. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph under a competitive bidding process from any cooperative purchasing program anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. SECTION 12-16 PROFESSIONAL SERVICES Subject to the approval of the City Manager, the City's Purchasing Authority, or City Departments or Divisions without following a competitive bidding or quotation process and without separate approval from the Common Council may enter into agreements, without regard to the limitation on duration for multi-year and renewal agreements specified in Section 12-8 of this code, for the purchase of professional services. For purposes of this ordinance, professional services includes services, the value of which are substantially measured by the professional competence of the persons performing them and which are not susceptible to realistic competition by cost alone, including, but not limited to, those customarily rendered by architects, engineers, surveyors, real estate appraisers, certified public accountants, attorneys, financial advisors, medical and social service providers, computer software applications, systems development and implementation, management and other consultants, promotional programs such as marketing and advertising. The City Manager shall prepare and submit to the Common Council a written report concerning purchases made under this paragraph for any professional services anticipated to exceed $25,000 on a single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by resolution. ARTICLE III. ABANDONED OR SURPLUS PROPERTY SECTION 12-17 ABANDONED OR SURPLUS PROPERTY (A) Surplus Property City of Oshkosh Chapter 12—Page 12 Municipal Code City of Oshkosh Municipal Code Revised thru 04/26/2022 The Purchasing Authority shall dispose of all surplus materials or equipment and all personal property which has been abandoned or remained unclaimed for a period of 30 days after the City has taken possession of such property by any of the following means: (1) On a competitive basis by informal quotation; (2) By public auction such as Osh-Buy; (3) By converting such property to City use; (4) Where the property has no apparent value, by disposal of such property by any appropriate means. (5) Where the property is liquor, fermented malt beverages or contraband, by destruction of such property by any appropriate means. The Purchasing Authority, or the Oshkosh Police Department in the case of abandoned property held in its custody, shall maintain as a public record for a period of not less than 2 years from the date of disposal, an inventory of the abandoned or unclaimed personal property, a record of the date and method of disposal including the consideration, if any received, for the property and the name and address of the person taking possession of the personal property. (B) Flammable Property (1) The Purchasing Authority or designee may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substance, materials or devices posing a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials or devices without a public auction, in consultation with appropriate authorities. (2) If such items do not pose an immediate danger and have commercial value in the normal business usage, or if such items appear to be or are reported stolen, the Purchasing Authority or designee shall attempt to return such items to the rightful owner if ownership can be determined;if such attempt is not successful or ownership cannot be determined, the Purchasing Authority or designee shall dispose of such items as provided in subparagraph (1) of this subsection. City of Oshkosh Chapter 12—Page 13 Municipal Code