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HomeMy WebLinkAboutReso 2013-2063 RESOLUTION NO. 2013- 2D(.3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH RIC-MAN INTERNATIONAL, INC. FOR CONTINUING SERVICES FOR SMALL CONSTRUCTION PROJECTS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a general contractor to provide continuing services, on an as-needed basis, for small construction projects in the City; and WHEREAS. Ric-Man International, Inc. has expressed the ability and desire to provide these services pursuant to the terms and conditions of the City of Weston Bid No. 2012-03; and WHEREAS, the City wishes to enter into an Agreement with Ric-Man International, Inc. to provide continuing services on an as-needed basis for small construction projects in the City, in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00), commencing from the issuance of a Notice to Proceed and shall terminate one (1) year afterwards with an option of four (4) additional one (1) year renewal terms, attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the Agreement with Ric-Man International, Inc. for continuing services on an as-needed basis for small construction projects in the City, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 16'" day of May 2013. O!' 0 L ,Lfa.f erman S. Edelcup, Mayor R2013-Ric-Man Intnl Continuing Sry Aemt Page 1 of 2 A1lEST: . �, . i ' . -Jane A. ines. CMC, City Clerk - 'APPROVED AS TO FORM AND-LEG • L SUF ICIENCY: A• . ' i,r A // ,.Ottinot, City Attorney / Moved by: VtC-Q 1 Nd5DY P \Dil Seconded by: l_einnrY\tSS1DtaE'e SA-1DLt_ Vote: 6--O Mayor Edelcup ✓(Yes) (No) Vice Mayor Aelion ti (Yes) (No) Commissioner Gatto ,/(Yes) (No) Commissioner Levin t/(Yes) (No) Commissioner Scholl V(Yes) (No) R2013-Ric-Man Inml Continuing Sry Aeon Page 2 of 2 SuN NY ISIF AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND RIC-MAN INTERNATIONAL, INC. F.oa°��`� CONTINUING SERVICE CONTRACT NO. C1213-027 C' Of SUN THIS AGRJEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this go day of M1*' , 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and RIC-MAN INTERNATIONAL, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as"Contractor") whose Federal I.D.#is_ l-x3042 . RECITALS WHEREAS, the City is in need of a general contractor to provide continuing utility repair services, on an as needed basis, for small construction projects in the City("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Services pursuant to the terms and conditions of the City of Weston Bid No. 2012-03;and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the desired Services on an as needed basis for small construction projects in the City, in a total amount not to exceed One Hundred Thousand Dollars($100,000.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of City of Weston Bid No. 2012-03, which are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 3. SERVICES. Contractor shall provide the desired Services to the City pursuant to this Agreement and the terms and conditions of the City of Weston Bid No. 2012-03, to provide continuing services on an as needed basis for small construction projects in the City, as more particularly described in Attachment"A"attached hereto and made a part hereof. 4. TERM AND RENEWAL TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 9 below, this Agreement shall commence from the date of issuance of a Notice to Proceed from the City Manager or his designee and shall terminate at the expiration of fiscal year 2012/2013. The city reserves the right to extend the Services for four(4) additional fiscal year renewal terms. 5. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00) per fiscal year for the C1213-027—RIC-MAN INT'L.,INC. Page 1 of 8 performance of the Services under this Agreement. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in City of Weston Bid No. 2012-03 and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement,the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services for each individual project under this Agreement are not completed within the time specified in the Notice to Proceed from the City Manager or his Designee, and in the absence of any extended deadline granted by City, then the Contractor shall be required to pay a liquidated damage penalty of$400.00 (four hundred dollars) for each calendar day beyond the completion period stated in the Notice to Proceed, continuing to the time at which the Services are completed for each individual project under this Agreement. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. C1213-027—RIC-MAN INT'L.,INC. Page 2 of 8 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee,partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor,its agents,or employees, as indicated below: ❑ Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000.000.00)aggregate. ❑ Worker's Compensation, as required by law, but no less than $1,000,000.00 for Employer's Liability. ❑ Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars($500,000)per accident for property damage. Insurance required of the Contractor shall be primary to, and not contribute with,any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require C1213-027—RIC-MAN INT'L.,INC. Page 3 of 8 and ensure that each of its sub-contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control,the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement,City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor(and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 5 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice.The terms of Paragraph A(i) and A(ii)above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. TIME OF COMPLETION. The Services to be rendered by the Contractor for each individual project under this Agreement shall commence and be completed within the time specified in each Notice to Proceed issued by the City Manager or his designee. A reasonable extension of time shall be granted in the event the work is delayed or prevented by the City or by circumstances beyond the reasonable control of the Contractor including weather conditions or acts of God which render the performance of the Contractor's duty impracticable. C I2I3-027—RIC-MAN INT'L.,INC. Page 4 of 8 11. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 12. CONFIDENTIAL INFORMATION. The Contractor shall not,either during the term of this Agreement or any time for a period of ten(10)years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 13. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written)or actions of either of party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent(except as otherwise provided herein) (i)by certified or registered mail, first class postage prepaid,return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid,return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach,Florida 33160 Fourth Floor Tel: (305)792-1701 Sunny Isles Beach,Florida 33160 Tel: (305)792-1702 If to the Victor G. Menocal Contractor: Project Manager RIC-MAN INT'L., INC. C1213-027—RIC-MAN INT'L.,INC. Page 5 of 8 2601 Wiles Road Pompano Beach,FL 33073 Tel: (954)426-1042 Fax: (954)426-0717 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three(3)years. 17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975,Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest,directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, C1213-027—RIC-MAN 1NT'L.,INC. Page 6 of 8 and costs of appellate proceedings)relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors,officials and employees shall arise in connection with any claim,damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated herein by reference, and a term, statement, requirement or provision of this Agreement, the terms and conditions in this Agreement shall supersede and take priority over any other conflicting provisions that are contained in any other document, including but not limited to the Contractor's proposal contained in Attachment"A" or the terms and conditions contained in the City of Weston Bid No. 2012-03,contained in Attachment`B". 22. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. C1213-027—RIC-MAN INT'L.,INC. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS#1: RIC-MAN INTERNATION• ,INC \ i''\ - BY: .. �7 :�� Signature Rene L.Cos i .,President- \I-Nec' ,c(-\\Dex\ .,, ‘ c)co\(\c■ Print Name CO f ND We( • TNESS#2: ........2\/qt_c:Lit Signature hnarc►a. UC s-t Print Name ATTES r CITY OF SUNNY ISLES BEACH ' trig ifil Fr BY: _ BY: 6'ir .,,,,/ 1.-r Jane A.Hines,M C,City Clerk Christopher J.Russo,City Manager APPROVED A TO FORM AND LEGAL SUFF IF4CY B /:/4 ►.i/ H. sO t t,City Attorney C1213-027—RIC-MAN INT'L.,INC. Page 8 of 8 I C RIC-MAN INTERNATIONAL, INC. 4ak GENERAL CONTRACTORS 2601 Wiles Road • Pompano Beach, Florida 33073 Phone: (954)426-1042 • Fax: (954)426-0717 May 7, 2013 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 To Whom It May Concern, We agree to give the City of Sunny Isles Beach the same pricing, terms and conditions as currently providing the City of Weston, Utility Repairs Z t No. 2012-03. The initial contract period shall be for (1) one fiscal year. The City reserves the right to extend the contract for (4) four additional (1) one fiscal year periods, providing both parties agree to the extension; all terms, conditions, and specifications remain the same; and such extension is approved by the City. Furthermore we agree that the venue is Miami-D. . - . a i _ / Resp-rarbmitted, Rene L. Castillo, President RLC:mw SIB Attachment "A" SUNNY /S,F, City of Sunny Isles Beach dc V ;a'-{, 18070 Collins Avenue • Sunny Isles Beach, Florida 33160 'tee,Oy). ;tQ . ? (305)947-0606 City Hall e'rI p, sua ^NC (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Helen Gray, PE, City Engineer DATE: 5/16/2013 RE: A Resolution Authorizing the City Manager to Utilize Ric-Man International, Inc. for Various Citywide Projects RECOMMENDATION: We recommend City Commission approve the resolution. REASONS: Current City policy limits the amount of payments to a single vendor in a single fiscal year to $25,000 in aggregate. Once this limit is reached, all purchases must be presented to City Commission for approval including ratification of funds expended on previously administratively approved work, materials, or services. In order to implement small capital or repair/maintenance projects, Ric-Man International, Inc. has a unit price/ line item contract with another Florida municipality that is suitable for piggy backing. This project delivery method is commonly referred to as Job Order Contracting (JOC) and allows for flexibility to implement various construction items. Current City policy may result in delays to projects or portions of projects pending formal Commission approval of various construction services contracts; the delay could be as much as six weeks. Increasing the current $25,000 threshold will facilitate more rapid implementation of repairs, projects, or portions of projects. This request is to increase the aggregate threshold to $100,000.00. In this fiscal year, the following work has already been approved administratively for Ric-Man International, Inc.: Agenda Item No.10.1 Date 5/16/2013 I49 Plugging of a partially completed drainage structure at Bella Vista Bay Park and limited rough grading of the site to minimize hazards to persons traversing the area. The cost of this work was $3,790.00. Replacement of a top concrete slab, inlet frame and grate for an existing catch basin in 1831d Street just west of Collins that was failing. The cost of this work was $5,675.25. Removal of obstructions in the Samson Park sewer line that serves the City restrooms. The obstructions had backed up the lateral and rendered the restrooms inoperable. The cost for this repair work was $5,007.50. Removal of excess construction materials from the Intracoastal Park (south of Poinciana Drive). The cost of this work has not yet been finalized and is being backcharged to the Collins Streetscape project contractor. COST: None at this time. FUNDING SOURCE: As proposals are received, project budgets will be encumbered. ATTACHMENTS: • Resolution • Agreement Agenda Item No.I01 Daze 5/16/2013 ISO