Νόμοι — ΦΕΚ A' 3/2025
Κύρωση της από 16.12.2024 Σύμβασης συμπλήρωσης/επέκτασης του αντικειμένου της από 3.6.2019 Επιμέρους Σύμβασης Δωρεάς για το έργο V της από 6.9.2018 Σύμβασης Δωρεάς μεταξύ του Ιδρύματος «Κοινωφελές Ίδρυμα Σταύρος Σ. Νιάρχος» και του Ελληνικού Δημοσίου για την ενίσχυση και αναβάθμιση των υποδομών στον τομέα της υγείας.
Η ΠΡΟΕΔΡΟΣ
ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ
Εκδίδομε τον ακόλουθο νόμο που ψήφισε η Βουλή: ΠΙΝΑΚΑΣ ΠΕΡΙΕΧΟΜΕΝΩΝ Άρθρο πρώτο Κύρωση της Σύμβασης Σύμβαση συμπλήρωσης/επέκτασης σκοπού της επιμέρους σύμβασης για το έργο V της από 6.9.2018 Σύμβασης Δωρεάς μεταξύ του Ιδρύματος «Κοινωφελές Ίδρυμα Σταύρος Σ. Νιάρχος» και του Ελληνικού Δημοσίου για την ενίσχυση και αναβάθμιση των υποδομών στον τομέα της υγείας. Άρθρο 1ο Σκοπός και αντικείμενο Άρθρο 2ο Προϋπολογισμός Άρθρο 3ο Χρονοδιάγραμμα Υλοποίησης Άρθρο 4ο Λοιποί όροι της Υλοποίησης
ΠΑΡΑΡΤΗΜΑ Ι Σύμβαση προμήθειας αεροσκάφους
(Aircraft Purchase Agreement) Άρθρο δεύτερο Έναρξη ισχύος Άρθρο πρώτο Κύρωση της Σύμβασης Κυρώνεται και αποκτά ισχύ νόμου η από 16.12.2024 Σύμβαση, με την οποία συμπληρώνεται/επεκτείνεται το αντικείμενο της από 3.6.2019 Επιμέρους Σύμβασης για το έργο V της από 6.9.2018 Σύμβασης Δωρεάς μεταξύ του Ιδρύματος «Κοινωφελές Ίδρυμα Σταύρος Σ. Νιάρχος» και του Ελληνικού Δημοσίου, για την ενίσχυση και αναβάθμιση των υποδομών στον τομέα της Υγείας, η οποία κυρώθηκε με το άρθρο πρώτο του ν. 4564/2018 (Α’ 170), με το Παράρτημά της, το κείμενο των οποίων έχει ως ακολούθως: AIRCRAFT PURCHASE AGREEMENT This Aircraft Purchase Agreement (“Purchase Agreement” or “Agreement”), consisting of Part 1, Part 2, Part 3, and all exhibits, is made between Seller and Purchaser. Part 1 Part 2 - Terms and Conditions Part 3 A - A ir Ambulance Configuration Details Part 3 B - Aircraft Specification and Description Exhibit 4 - Factory Technical Acceptance Certificate Exhibit 6 - Modified Aircraft Technical Acceptance Certificate Exhibit 7 - Aircraft Delivery Receipt Exhibit 10 - Ferry Flight from USA 1 December J]_ , 2024, consisting of Part 1, Part 2, Part 3 A and B and all exhibits, is made between Seller and Purchaser. PART 1 Seller: Fargo Jet Center, LLC 3802 20th Street North Fargo, ND 58102 James P. Sweeney, President Purchaser: Hellenic Ministry of Health (“MOH”) 17-19 Aristotelous Str., Athens, 10433 VAT 099017070, DAthinon, Tax Office The Purchaser will provide the aircraft as supplied by the Seller for use in the Hellenic Republic in cooperation with the following Eligible Parties: HELLENIC AIR FORCE (HAF) HAF is the end user of the A/C. HAF’s personnel (pilots and technicians) will be trained in accordance with the provisions of this Contract, will perform the flight operation and line support/maintenance, will be the user of Ground Support Equipment (GSE) & spare parts and eligible party for direct communication regarding maintenance issues and warranty claims. Also, HAF representatives may participate as technical advisors of the Purchaser in any delegation/committee required for the execution of the Contract performing the medical side of the MEDEVAC operation by providing medical personnel and equipment. EKAB representatives may participate as technical advisors of the Purchaser in any delegation/committee required for the execution of the Contract, on the medical side. STAVROS NIARCHOS FOUNDATION (SNF) The Stavros Niarchos Foundation (or “SNF”) is one of the world’s leading private, international philanthropic organizations, making grants to nonprofit organizations in the areas of arts and culture, education, health and sports, and social welfare. The SNF and the Hellenic Republic, have signed a grant agreement (hereinafter the “Grant Agreement”) which has been ratified by L.4564/2018, as amended and in force and which regulates the contractual framework, general terms and conditions of the SNF’s grants for the support and upgrading of infrastructures in the Greek Health sector. Under the Grant Agreement, Project V, was also ratified by L. 4618/2019 as currently in force and regards the procurement of aircrafts (hereinafter “the Aircraft”), to serve the needs of the Greek Ministry of Health and EKAB. The present agreement will incorporate and ruled by the same contractual framework. Under this Contract SNF acts as the Donor (hereinafter “the Donor”) solely for the purpose of financing the purchase by the Purchaser of the Deliverables below and, therefore, the payments due by the Purchaser for the price of the Deliverables, pursuant to this Contract will be made by the DONOR for and to the benefit of the Purchaser. Any additional fees or other charges that will be invoiced, under this contract, will be paid directly by the Purchaser. FARGO JET CENTER Fargo Jet Center is the prime contractor, seller of aircraft and installer of the air ambulance kit. TEXTRON AVIATION AND SPECTRUM AEROMED Textron Aviation is the OEM and manufacturer of the Aircraft. Spectrum Aeromed is the manufacturer of air ambulance configuration. Warranties as provided by Textron Aviation, Spectrum Aeromed and part manufacturers will pass on to Purchaser pursuant to Part 2, section 11, Part 3, Exhibit 9 and any other relevant documentation. each other with POC’s info for the purpose of the smooth execution of the Contract and appropriate correspondence. DELIVERABLES Seller will provide one (1) deliverable to the Purchaser: One (1) aircraft with modifications at a total price of USD $11,998,751 with Training and delivery services as further outlined in the present Agreement. Supplemental Type Certificate (STC) certification by the competent authority and copy of relevant documentation for dual air ambulance configuration, once the modification has been approved and in any case before Modified Aircraft Technical Acceptance of the Aircraft. Deliverable -Aircraft: Year: 2024 Make: Textron Aviation Inc. Model: King Air 360C (utility interior) Serial Number: FM-120, Registration Number: N360MN Specification and Description: Part 3Aand 3B Exterior Scheme: Exhibit 12 Ready for Aircraft Technical Acceptance: as soon as possible but within first quarter 2025 (for serial number FM-120) Ready for Modified Aircraft Technical Acceptance: as soon as possible but within second quarter 2025 (for serial number FM-120) Seller will notify Purchaser of the Ready for Aircraft Technical Acceptance and the Ready for Modified Aircraft Technical Acceptance dates by letter sent to Purchaser’s Address, as well by email and by cc. the eligible parties, at least eighteen (18) calendar days before each date. The Delivery Date will occur within seven (7) calendar days after the Modified Aircraft Technical Acceptance Date. Aircraft Technical Acceptance Location: Wichita, Kansas, USA. Modified Aircraft Technical Acceptance Location: Fargo, North Dakota, USA. Delivery Location: Fargo, North Dakota, USA. Total Purchase Price Aircraft in U.S. Dollars: USD $11,998,751 (Eleven Million Nine Hundred Ninety-Eight Thousand Seven Hundred Fifty-One and 00 Cents) Includes delivery, training as well as any other services described herein.
Provide Fwd Partition Panels (Includes RH & LH Jepp Storage Cabinets)
Provide Fwd Facing Electric Flushing Recirculating Chemical Toilet
Provide Four (4) VIP Cabin Chairs (Loose Equipment)
Custom Paint Scheme as per above Modifications:
Dual Air Ambulance Configuration as detailed in Part 3A.
Provide Two (2) Medical Attendant Seats (Loose Equipment)
Custom Baggage Web Delivery & Services:
Six (6) Month Extended Airframe & Vendor Warranty covering the period from Aircraft Technical Acceptance in Wichita, Kansas to transfer of title (Does not include Avionics, Engines, Paint, or Interior), and governed by the provisions of Part 2, section 11 b.
One (1) Yr Jepp Electronic Charts Region Subscription (Europe & Mediterranean).
One (1) Yr Fit Mgmt System Database Region Subscription Pkg (Europe & Mediterranean).
Provide Ten (10) Yr's 434-590169-0003-WEB Online Access POH / AFM Revision Services.
Provide Ten (10) Yr's 434-590169-0005-WEB Online Access Fusion Pilot Checklist Revision Services.
Provide Ten (10) Yr's ML-B-300-DVD Online Access Maintenance Library (w/DVD) Revision Services.
Pilot services for Ferry of aircraft from USA to Greece, pursuant to a separate Ferry Flight Services Agreement (Exhibit 10).
Test and acceptance procedures (including test flights).
Transfer of aircraft title and export from USA.
Training as per Part 3 A, 3 B (Section 17) and Exhibit 11.
Program Management and Technical support. Deposit Stage and Balance of Payments Aircraft: An Initial Deposit amounting to USD $5,000,000 is due by Purchaser upon execution of the Purchase Agreement. The Deposit payment shall be made against Sellers on demand guarantee, issued by a U.S. bank. A stage payment (the “First Stage Payment”), amounting to USD $5,311,500 shall be paid by the Purchaser out of Escrow upon the signing of the Aircraft Technical Acceptance Certificate in Wichita, Kansas, as per Exhibit 4. Exhibit 7. 6
AIRCRAFT SPECIFICATION AND DESCRIPTION. a. Aircraft Definition and Price. Seller is selling and Purchaser is purchasing the aircraft identified in Part 1 as (i) described in the Aircraft Specification and Description set out in Part 3 B (“Specification”) of this Agreement with the modifications detailed in Part 3 A (“Air Ambulance Configuration Details”) of this Agreement, if any, (hereinafter the “Aircraft”) for the price set out in Part 1 in (ii) "as is, where is" condition, that is, in its actual state and condition, with no warranties whatsoever except for the conveyance to Purchaser of good title to the Aircraft, free and clear of any and all mortgages, liens, security interests, leases, claims, international interests, encumbrances and rights of others. This Agreement contains the sole description of the Aircraft binding on Seller. Seller is not bound by descriptions, advertisements, statements, or representations about the Aircraft that are not contained in this Agreement. b. Seller Provided Services. Unless otherwise expressly agreed, the price of the Aircraft does not include any additional services, other than those defined in this Agreement. c. Non-FAA Certification Requirements. Purchaser is responsible for the cost of any modification or change to the Aircraft or Aircraft documentation caused by any aviation authority other than the United States Federal Aviation Administration having jurisdiction over Purchaser’s intended country of registration or operation of the Aircraft which are not known by Seller as of the date this Agreement is finally signed, which arise after the date this Agreement is finally signed, or which are not otherwise included in the Total Purchase Price. d. Airworthiness. The Aircraft will be delivered with a standard FAA certificate of airworthiness (FAA Form 8100-2).
CONFIGURATION. Unless otherwise agreed, the Aircraft will be delivered with the manufacturer’s standard default exterior and standard default interior configurations modified for Medical Ambulance as per the details of Part 3 A. Any modifications requested after contract signature to such configurations, if expressly accepted by Seller, may result in an adjustment of the Purchase Price payment schedule and delivery date.
PRICING AND PAYMENT TERMS. Purchaser will pay through the Donor the Seller the Total Purchase Price as specified in Part 1 and any other mutually agreed upon charges pursuant to the terms of this Agreement. 7 below, subject to receiving the letter of Guarantee. This Agreement is binding as of the moment executed copies are exchanged via e-mail between the Parties but will only become effective upon receipt of the Initial Deposit for Aircraft. b. Stage Payment to be paid to escrow, as set out in Part 1. c. Balance of Payment. Pursuant to the Acceptance and Delivery process set out in Article 4 and as further set out therein, the Balance Payment must be made by Purchaser through the Donor to escrow at the time ofmodified technical acceptance and be released to the Seller from Escrow upon signing of the Delivery Receipt in Fargo. d. Acceptable Methods of Payment. The initial deposit must be made in United States dollars by a single wire transfer in accordance with the Wire Instructions set out in 3.d. (i) below. Payment documentation must show that funds came directly from Purchaser through its Donor. (i) Wire Instructions: A. Wire transfers must reflect Donor’s name as originator and be sent to the following Seller’s account as follows: Wiring Instructions to Account of: Bank: Routing #: Bank Swift Code: Address: Final Credit To: Account number: Address: U.S. Bank NA Fargo Jet Center, LLC U.S Bank NA 091300023 USBKUS44 505 2nd Ave. North Fargo, ND 58102 Fargo Jet Center, LLC 1-630-9599-5052 3802 20th St N Fargo, ND 58102 B. Purchaser name and payment reference must be typed on the transfer. C. Instruct the issuing bank to transfer the total value to the beneficiary. D. All bank charges relating to payer's bank are for the account of the payer. Any direction or information seeking to change these Wire Instructions must be confirmed by written amendment to this Agreement. 8 e. Taxes/Custom Charges. The Total Purchase Price does not include any sales, use, personal property, value-added, excise, or similar tax or assessments which may be imposed by any state and/or governmental authority upon this sales transaction, upon the Aircraft and equipment at delivery or thereafter, and use of the Aircraft by Purchaser (collectively “Taxes’), and any such Taxes, if imposed, will be Purchaser’s responsibility. Purchaser is also responsible for (i) any and all import duties or other custom charges (collectively “Custom Charges”), and in particular for any duties applying to the importation of the Aircraft into Greece, and (ii) any withholding taxes, or other charges (collectively “Other Charges”) imposed by any governmental authority at delivery or thereafter (except Seller’s income or gross receipt taxes). Purchaser agrees to pay and indemnify Seller against such Taxes, Custom Charges and Other Charges so that in all instances Seller receives payment, after Taxes, equal to the Total Purchase Price. Purchaser agrees to execute any documentation necessary to avoid the imposition of or to receive an exemption from applicable sales or other taxes. These provisions will inure to any successor or permitted assignee of Purchaser and will survive until twelve (12) months after the expiration of any applicable statute of limitations. Seller is responsible for the payment of its income, gross receipts taxes, and other charges and assessments levied on the Aircraft, its equipment, ownership and use prior to delivery to Purchaser.
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Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.