Item N05 N5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: N5
2023-2468
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
AGENDA ITEM WORDING: Approval of Amendment#1 to the Agustawestland helicopter
purchase contract increasing the purchase amount by $149,100, for a total purchase price of
$53,149,100, to provide for tracking equipment and paid for by the MCSO.
ITEM BACKGROUND:
This amendment provides for enhanced safety for the crews, as well as the patients, flying aboard the
trauma-star helicopters through installation of GPS tracking equipment on the helicopters which will
allow precise tracking of the aircraft by MCSO. MCSO has, and will provide, the funding for the
additional equipment from its excess funds account.
PREVIOUS RELEVANT BOCC ACTION:
Authorized the County Administrator to sign the original purchase agreement with Agustawestland
Philadelphia Corporation for the lease and purchase of 3 Leonardo helicopters upon the County
Attorney's Office finalizing the terms of the agreement.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Provides for installation of one (1) 30-K-322-5CM Iridium Skytrac ISAT 200A(with fleet tracking and
e-mail) system on each of the three helicopters. Each individual unit costs $49,700 for a total increase
in the overall purchase price of$149,100.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Helicopter purchase- AgustaWestland- Amendment 1 May 2024.pdf
3294
FINANCIAL IMPACT:
This amendment will increase the contract amount by $149,100 and will be paid by the MCSO using
MCSO excess funds.
3295
AMENDMENT No. I
to the CONTRACT
dated May 26,2023
BETWEEN
MONROE COUNTY
AND
AGUSTAWESTLAND PHILADELPHIA
CORPORATION
Ref. AW-23-0048
3296
AMENDMENT No. 1
to the CONTRACT
dated May 26, 2023
This Amendment to the sales contract dated the May 26, 2023, Ref. AW-23-0048 between AgustaWestland
Philadelphia Corporation and Monroe County (hereinafter referred to as the"CONTRACT")is made between:
AGUSTAWESTLAND PHILADELPHIA CORPORATION with a place of business at 3050 Red Lion
Road,Philadelphia,Pennsylvania, 19114 USA (hereinafter referred to as"SELLER")and
MONROE COUNTY, a political subdivision of the State of Florida,whose address is 1100 Simonton Street,
Suite 205,Key West,Florida 33040,(hereinafter referred to as"BUYER"),
collectively referred to as"PARTIES"
Whereas SELLER and BUYER entered into the CONTRACT for the purchase of three(3)factory-new model
AW 139 helicopters(herein referred to as the"HELICOPTER(S)")at the terms and conditions set out therein;
Whereas the BUYER and SELLER have agreed to further amend the CONTRACT as set forth in this
Amendment No. 1.
Now therefore,the PARTIES hereto agree as follows:
A) The above recitals are integral to and a substantial part of this Amendment and, unless the context
otherwise requires, the words and expressions contained in this Amendment shall have the same
meaning identified within the CONTRACT.
B) SELLER and BUYER have agreed to amend the CONTRACT in accordance with the following:
1. CONFIGURATION CHANGE
The Configuration described in Enclosure 1 of the CONTRACT shall be amended with the addition of
the following kit:
• Addition:
o 30-K-322-5CM SATCOM Iridium Skytrac ISAT 200A with Fleet Tracking and E-
Mail
2. PRICE
As the result of the addition of the 30-K-322-5CM SATCOM Iridium Skytrac ISAT 200A with
Fleet Tracking and E-Mail kit to Enclosure 1 of the CONTRACT per each Helicopter,Article 2—
PRICE of the CONTRACT is deleted in its entirety and replaced with the following language:
"The total CONTRACT price corresponding to the price of the SUPPLIES as per Article 1 is
Fifty-Three Million One Hundred Forty-Nine Thousand One Hundred U.S.Dollars
($53,149,100.00):
3297
1. HELICOPTER(S)as detailed in Seventeen Million Seven Hundred Sixteen
Enclosure 1 Thousand Three Hundred U.S. Dollars
($17,716,300.00)each for
HELICOPTER 91 and 92
Seventeen Million Seven Hundred Sixteen
Thousand Five Hundred U.S.Dollars
($17,716,500.00)for HELICOPTER 93
2. TRAINING as detailed in No additional charge
Enclosure 2
3. SERVICES as detailed in No additional charge
Enclosure 3
4.ADDITIONAL SERVICES No additional charge
as detailed in enclosure 4
5.WARRANTY as detailed No additional charge"
in Enclosure 5
C) Except as specifically amended by this Amendment No. 1,all existing provisions of the CONTRACT
and thereto shall remain in full force and effect.
D) This Amendment shall become legally binding and effective on the date of signing of this Amendment
No. 1
In witness whereof the Parties have caused this Amendment No. 1 to be executed by their authorised
representatives.
AgustaWestland Philadelphia Corporation Monroe County
------------------------------------------------------- -------------------------------------------------
Name ......Clyde M. Woltman.......... Name..........................................
Title .........CEO......................... Title .........................................
Date ........................................... Date ...........................................
3298
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, May 10, 2024 11:31 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit
Subject: Item N5 BOCC 05/15/2024 REVISED BACK-UP
Attachments: AIS 2468.pdf, Helicopter purchase - AgustaWestland - Amendment 1 May_10_24
Final.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good Morning,
Please be advised, the agenda item backup has been revised for item N5.
"Approval ofAmendment#1 to the Agustawestland helicopter purchase contract increasing the purchase
amount by $149,100,for a total purchase price of$53,149,100, to provide for tracking equipment and paid for
by the MCSO. "
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r onryec_ u�n1yy: .....gpy
i».c z..- Y .�.. _rn nroecou�_n�.Y..-.�..:.i» .Y.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
N5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: N5
2023-2468
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado
AGENDA ITEM WORDING: Approval of Amendment#1 to the Agustawestland helicopter
purchase contract increasing the purchase amount by $149,100, for a total purchase price of
$53,149,100, to provide for tracking equipment and paid for by the MCSO.
ITEM BACKGROUND:
This amendment provides for enhanced safety for the crews, as well as the patients, flying aboard the
trauma-star helicopters through installation of GPS tracking equipment on the helicopters which will
allow precise tracking of the aircraft by MCSO. MCSO has, and will provide, the funding for the
additional equipment from its excess funds account.
PREVIOUS RELEVANT BOCC ACTION:
Authorized the County Administrator to sign the original purchase agreement with Agustawestland
Philadelphia Corporation for the lease and purchase of 3 Leonardo helicopters upon the County
Attorney's Office finalizing the terms of the agreement.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Provides for installation of one (1) 30-K-322-5CM Iridium Skytrac ISAT 200A(with fleet tracking and
e-mail) system on each of the three helicopters. Each individual unit costs $49,700 for a total increase
in the overall purchase price of$149,100.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Helicopter purchase- AgustaWestland- Amendment 1 May 2024.pdf
Helicopter purchase -AgustaWestland -Amendment 1 May_10_24 F'inal.pdf
1
FINANCIAL IMPACT:
This amendment will increase the contract amount by $149,100 and will be paid by the MCSO using
MCSO excess funds.
2
AMENDMENT No. I
to the CONTRACT
dated May 26,2023
BETWEEN
MONROE COUNTY
AND
AGUSTAWESTLAND PHILADELPHIA
CORPORATION
Ref. AW-23-0048
Company General Use
AMENDMENT No. I
to the CONTRACT
dated May 26,2023
This Amendment to the sales contract dated the May 26, 2023, Ref. AW-23-0048 between AgustaWestland
Philadelphia Corporation and Monroe County (hereinafter referred to as the"CONTRACT")is made between:
AGUSTAWESTLAND PHILADELPHIA CORPORATION with a place of business at 3050 Red Lion
Road,Philadelphia,Pennsylvania, 19114 USA(hereinafter referred to as"SELLER") and
MONROE COUNTY, a political subdivision of the State of Florida,whose address is 1100 Simonton Street,
Suite 205,Key West,Florida 33040,(hereinafter referred to as"BUYER"),
collectively referred to as"PARTIES"
Whereas SELLER and BUYER entered into the CONTRACT for the purchase of three(3)factory-new model
AW139 helicopters(herein referred to as the"HELICOPTER(S)")at the terms and conditions set out therein;
Whereas the BUYER and SELLER have agreed to further amend the CONTRACT as set forth in this
Amendment No. 1.
Now therefore,the PARTIES hereto agree as follows:
A) The above recitals are integral to and a substantial part of this Amendment and, unless the context
otherwise requires, the words and expressions contained in this Amendment shall have the same
meaning identified within the CONTRACT.
B) SELLER and BUYER have agreed to amend the CONTRACT in accordance with the following:
1. CONFIGURATION CHANGE
The Configuration described in Enclosure 1 of the CONTRACT shall be amended with the addition of
the following kit:
• Addition:
o 30-K-322-5CM SATCOM Iridium Skytrac ISAT 200A with Fleet Tracking and E-
Mail
2. PRICE
As the result of the addition of the 30-K-322-5CM SATCOM Iridium Skytrac ISAT 200A with
Fleet Tracking and E-Mail kit to Enclosure 1 of the CONTRACT per each Helicopter,Article 2—
PRICE of the CONTRACT is deleted in its entirety and replaced with the following language:
"The total CONTRACT price corresponding to the price of the SUPPLIES as per Article 1 is
Fifty-Three Million One Hundred Forty-Nine Thousand One Hundred U.S.Dollars
($53,149,100.00):
Company General Use
1. HELICOPTER(S)as detailed in Seventeen Million Seven Hundred Sixteen
Enclosure 1 Thousand Three Hundred U.S.Dollars
($17,716,300.00)each for
HELICOPTER#1 and 92
Seventeen Million Seven Hundred Sixteen
Thousand Five Hundred U.S.Dollars
($17,716,500.00)for HELICOPTER 93
2. TRAINING as detailed in No additional charge
Enclosure 2
3. SERVICES as detailed in No additional charge
Enclosure 3
4.ADDITIONAL SERVICES No additional charge
as detailed in enclosure 4
5.WARRANTY as detailed No additional charge"
in Enclosure 5
3. PAYMENT
As the result of the addition of the 30-K-322-5CM SATCOM Iridium Skytrac ISAT 200A with
Fleet Tracking and E-Mail kit to Enclosure 1 of the CONTRACT per each Helicopter,Article 3—
PAYMENT of the CONTRACT is deleted in its entirety and replaced with the following language:
3.1 Purchase Price Installments. With the exception of the payment required under sub-section (c)below -
which payment shall be made directly by the buyer,payment of the total Purchase Price shall be made
through direct bank transfer from the BUYER's escrow account through the BUYER's escrow agent -
TMI Trust, in accordance with its financing instruments to the bank designated by SELLER, against
SELLER's commercial invoices,by instalments,as follows:
(a) BUYER shall make the first installment payment against the Purchase Price within thirty (30)
days following the execution and delivery of this CONTRACT,which shall be in the amount
of One Million Five Hundred Thousand US Dollars(US$1,500,000.00),less the amount of the
deposit currently held by SELLER of One Hundred Fifty Thousand US Dollars
(US$150,000.00)for the net amount of One Million Three Hundred Fifty Thousand US Dollars
(US$1,350,000.00).
(b) BUYER shall make the second instalment payment against the Purchase Price in the amount of
Four Million Four Hundred Thirty-five Thousand Six Hundred US Dollars(US$4,435,600.00),
which shall be due twelve(12)months prior to Delivery (as defined in Section 1 of the General
Terms hereto)for each HELICOPTER.
Company General Use
(c) BUYER shall make the third installment payment against the Purchase Price in the amount of
One Hundred Forty-Nine Thousand,One Hundred US Dollars(US$ 149,100.00),which shall be
due within (45) days from the execution of this Amendment 1 representing payment for 3
SATCOM Iridium Skytrac ISAT 200A with Fleet Tracking and E-Mail - one unit for each
HELICOPTER. Payment shall be made directly by the buyer upon receipt of invoice from the
seller.
(d) BUYER shall make balance payments for each HELICOPTER at Delivery of each
HELICOPTER in accordance with Section 1 of the General Terms hereto.
(e) Title transfer for each new HELICOPTER and risk of loss shall transfer to BUYER at the time
of Delivery in accordance with Section 1 of the General Terms hereto. Transfer of title will
take place in Monroe County,Florida at the time of Delivery of each HELICOPTER.
All banking costs and expenses related to the payments under this Section 3.1 above shall be at
BUYER's expense.
C) Except as specifically amended by this Amendment No. 1,all existing provisions of the
CONTRACT and thereto shall remain in full force and effect.
D) This Amendment shall become legally binding and effective on the date of signing of this Amendment
No. 1
In witness whereof the Parties have caused this Amendment No. 1 to be executed by their authorized
representatives.
AgustaWestland Philadelphia Corporation Monroe County
------------------------------------------------------- -------------------------------------------------
Name ......Clyde M. Woltman.......... Name..........................................
Title .........CEO......................... Title .........................................
Date ........................................... Date ...........................................
Company General Use