HomeMy WebLinkAbout1st Amendment 04/16/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: April 30, 2025
TO: Ammie Machan, Administrative Assistant
Tourist Development Council
FROM: Liz Yongue, Deputy Clerk
SUBJECT: April 16, 2025 BOCC Meeting
The following items have been executed and added to the record:
D6 1 st Amendment to Agreement with MMGY Global, Inc. to revise the Agreement
to include Exhibit C Additional Scope of Services and Exhibit D Additional Compensation to
allow for the Contractor to retain the TDC website and email marketing functionality while the
new website and technology solutions are being built.
D7 Domain Names Purchase Agreement with Key Lime Sailing Club & Cottages, in
an amount not to exceed $50,000.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AMENDMENT (1St AMENDMENT) TO AGREEMENT
THIS AMENDMENT to Agreement dated this 16th day of April 2025, is entered into by and
between the Board of County Commissioners for Monroe County, on behalf of the Tourist
Development Council, and MMGY Global, LLC, (hereinafter called the Contractor.)
WHEREAS, there was an Agreement entered into on February 19, 2025 between the parties, for
Contractor to provide website development services which include consulting advice relating to the
Tourist Development Council (TDC) marketing and promotion of tourism; and
WHEREAS, it has become necessary to revise the Agreement to include Exhibit C Additional Scope of
Services and Exhibit D Additional Compensation to allow for the Contractor to retain the TDC website
and email marketing functionality while the new website and technology solutions are being built; and
WHEREAS, these services were not initially complemented in the original scope of services as it was
anticipated that the previous Website Agency would continue to perform these services during
the transition period but they did not agree to an extension to these services which are now
needed to ensure that Fla-Keys.com website remains active and to ensure the continued promotion
and marketing of the Florida Keys & Key West;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to
the amend Agreement as follows:
1. The agreement shall be amended to include Exhibit C—Additional Scope of Services and Exhibit
D — Additional Compensation attached hereto which provides for Domain Registrar Transfer & Site
Scaping in the amount of $6,093, Web Hosting Fees & Initial Set Up in the amount of $16,320,
Website Maintenance & Continuous Improvement in the amount of $26,400 and Email Marketing and
Automation Program in the amount of $78,000.
2. The remaining provisions of the agreement dated February 19, 2025, shall remain in full force
and effect.
Amendment#1
MMGY Global—Website Service Agreement
IN WITNESS WHEREOF, the parties :have :set their hands and seal on the day and year:fir.st above
written:
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: .J 3L. rL^ Board of Count .Commissioners
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-,'°';Attty �tif: Cevi 1 adok, Clerk • • of Monroe County
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
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ASSISTANT C 30��Y ATTORNEY
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Hugh McConnell i. .
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Aimee Arnold! . Maureen Moeder
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• Apr 9,2025 • f Apr
Date: Date.
•
•
• Amendment#1
:MMGY Global Website Service Agreement
EXHIBIT C - ADDITIONAL SCOPE OF SERVICES
Domain Registrar Transfer & Site Scraping, Web
Hosting & Initial Set Up, Website Maintenance &
Continuous Improvement, Email Marketing &
Automation Program
Scope of Work
1. Project Overview
MMGY Global (hereinafter called Contractor) will partner with Monroe
County, Florida (hereinafter called County) to support and maintain the
Fla-keys.com and all corresponding website's presence in order to
support the County's tourism and economic objectives for a period
beginning April 1, 2025 and expiring September 30, 2025. Details
regarding monthly fees, rates, disclaimers and limitations of liability can
be found on Attachment B, which is incorporated here by reference.
3. Scope of Work
Domain Registrar Transfer&Site Scraping
Work inclusive of site scraping of fla-keys.com and filmkeys.com as well as the domain
registrar transfer for 27 web pages.
Time includes:
- account management
- delivery support
- marketing technology services
Web Hosting &Initial Set Up
MMGY to coordinate and transfer the fla-keys.com and corresponding web pages to the
new web hosting platform,Pantheon. MMGY to handle all ongoing communication and
coordination with Pantheon to implement the Web Hosting on the website.
Website Maintenance&Continuous Improvement
DEFINITION OF MAINTENANCE SUPPORT SERVICES
SERVICES INCLUSIVE OF SUPPORT FEE
CLIENT WEBSITE
The services and pricing provided in this proposal are specific to the following website:
h1tr.s;././fpa.....keys„c.om
STANDARD MAINTENANCE
Website maintenance is intended to be allocated for the ongoing care and support of the
website base code,features and functionality. For any task that does not fit within the
designated support hours for the month, MMGY will provide a written project estimate and will
require client approval before proceeding.
Examples of support items that will be included in this scope of work:
• Bug fixes
• Monitoring and addressing site performance
• Updates to links
• Updates to copy
• CMS updates
• Addressing 404 page errors
• Communicating emergency information
• Supporting existing third-party integrations
WEBSITE CONTINUOUS IMPROVEMENT
Website feature requests and/or functional enhancements made by Client will be estimated
by MMGY for time to complete work,timing to implement changes and cost. Client will have
the opportunity to review and approve project estimates prior to work being completed and
billed.
Examples of feature requests:
• Design and development of new page types
• Design and development of new content modules
• Modifications of existing page types
• Modifications of existing modules
• Modifications of CMS
• Addition of any new third-party integrations
• Addition of any new features and/or functionality
If Client requests work outside of an approved website feature project estimate or work that is
caused, either in whole or in part, by Client or a third party and requires MMGY support,Client
will be provided a written project estimate for approval prior to any overage work being
completed.
MMGY assumes no responsibility for problems resulting from client or third party changes to
the original code base not implemented by MMGY development team. Any work to repair
client or third party changes to the original code base will be considered a non-support
request and will follow definitions of services provided below.
Hours are'use it or lose it'within the timing of the agreement.
Here are examples of tasks that support hours are used for:
• Meeting Time
• Emails
• Task Updates
• Development
• Content Work
• Monthly Reporting
Hours will be billable in 15-minute increments. Support items are performed during normal
business hours (9:OOam - 6:OOpm Eastern Standard Time / 8:OOam - 5pm Central Time/ 6:00
am - 3pm Pacific Time, Monday through Friday).
DEFINITION OF NON-SUPPORT SERVICES
NON-SUPPORT REQUESTS AND OVERAGES
Out of scope work shall be billed the rate of $165 per hour for any project management,
creative,development, quality assurance and system administrator hours outside of the
monthly support retainer during normal business hours (9:OOam - 6:OOpm Eastern Standard
Time / 8:OOam - 5pm Central Time/ 6:00 am - 3pm Pacific Time, Monday through Friday).
Billable in 15-minute increments. Out of scope support required outside of normal business
hours will be billed at$200 per hour.Client will approve all additional support charges via a
separate project estimate.
EXPEDITED WEB SUPPORT
Web support requiring expedited service and timelines will incur a 25% rush fee based on the
estimated value of the maintenance costs.The rush fee will be billed incrementally
regardless of whether the expedited maintenance work was in or out of scope.This excludes
work required to restore the site during an outage.
WEBSITE OUTAGES AND EMERGENCY SUPPORT
OUTAGES DURING NORMAL BUSINESS HOURS
A website outage is defined as the website being inaccessible or offline. In the event that an
outage is caused, either in whole or in part, by Client or a third party and requires support
during regular business hours (9am - 6pm Eastern Standard Time/ 8am - 5pm Central Time
/ 6am - 3pm Pacific Time, Monday through Friday),Client will be billed at an hourly rate of
$175 per hour, billable in 30-minute increments with a one hour minimum.
Emergency support during normal business hours is considered outside of website support
and will be billed incrementally to the monthly website support fee.
MMGY will move quickly to address any outages during normal business hours that may
occur, but cannot guarantee website uptime or the speed and timing by which the website
may be restored.
OUTAGES OUTSIDE OF NORMAL BUSINESS HOURS
In the event that an outage is caused, either in whole or in part,by Client or a third party and
requires support after regular business hours (9am - 6pm Eastern Standard Time / 8am -
5pm Central Time/ 6am - 3pm Pacific Time, Monday through Friday), Client will be billed at
an hourly rate of $200 per hour,billable in 30-minute increments with a one hour minimum.
To minimize any down time during an after hours outage or error,this agreement provides for
up to five (5) hours of support time that does not require specific client approval and will be
billed based on actual hours of support. For any emergency support that requires more than
five (5) hours of development time, MMGY will provide a written project estimate and will
require Client approval before proceeding. In the event that MMGY is unable to secure written
approval for additional development support, MMGY assumes no responsibility for extended
outages or errors. In the event that it is determined that the solution to restore the website
must be executed by the Client or third party, MMGY time invested in researching and
diagnosing the problem is billable.
Emergency after hours support is considered outside of monthly website support and will be
billed incrementally to the monthly website support fee.
MMGY will move quickly to address any outages outside normal business hours that may
occur, but cannot guarantee website uptime or the speed and timing by which the website
may be restored.
Issue Priority Definitions:
Priority Issue Type
Pi Site or application outage
(Complete disruption of access,service or functionality)
P2 Production application issue
(partial disruption of access,service or functionality)
P3 Post-production deployment regression defects and minor issues
(Not P1 or P2 priority)
CLIENT RESPONSIBILITIES
For the purposes of MMGY the above services,Client agrees to provide MMGY with access to
its website and email marketing platforms and clearly communicate website maintenance
and feature requests. Additionally, it is the expectation of MMGY that Client will attend
scheduled meetings, provide timely feedback and approvals in order to efficiently address
needs across all channels.
COMMUNICATIONS
Client will communicate all support requests via email or Jira Service Management (ism),
and MMGY will keep a backlog of items that can be utilized for managing monthly hours
allocations.
TIMELINE
April 1,2025 through September 30,2025 at which point evaluation of needs for the existing
website will be conducted based on the progress of the new website build.
Email Marketing &Automation Program
MMGY will be responsible for providing the following services:
Email Strategy
Providing strategic recommendations and oversight of email programs outlined below:
Monthly Email Deployments
• Design,copywriting and coding of modular email template
• Design,content,and coding for emails for a total of four (4) email deployments
per month
Quality Assurance Testing
• All emails to receive quality assurance testing using Litmus or Email on Acid for:
• Rendering
• Links and functionality
• Content and layout
• Deliverability
• Accessibility
Performance Reporting
Monthly performance reporting on:
• Monthly newsletter
• Partner email
• Ad hoc emails
CLIENT RESPONSIBILITIES
Monroe County, Florida will be responsible for:
1. Providing all owned or licensed creative assets (logo, photos,videos, etc.)
2. Timely feedback and approval on email content and test deployments
Template Design, Development, Platform Integration &Training
MMGY will create a master template with 10 modules in the platform.The modules will be able
to be rearranged and used to create new email templates on an as needed basis.
Platform Vetting &Migration
• MMGY to vet ESP providers and align County needs to ESP provider's offerings,
recommending those that will best achieve County's goals.
• MMGY will handle migration of County email contact list and deployment to new ESP
vendor.
Klaviyo Email Service Provider (ESP) Software Platform
MMGY to handle all ongoing communication and coordination with Klavyo to implement
ESP software for County.
Final software amount to be invoiced to MMGY from Klaviyo. MMGY will pass through the
cost to County.
EXHIBIT D - MONTHLY FEE, RATES, DISCLAIMERS AND LIMITATIONS OF
LIABILITY
Domain Registrar Transfer & Site Scraping, Web
Hosting & Initial Set Up, Website Maintenance &
Continuous Improvement, Email Marketing &
Automation Program
1. Compensation Structure
MMGY Global (hereinafter called Contractor) proposes a project fee model based on
completed projects and recurring fees for ongoing email program,web hosting,web
maintenance support and optimizations for Monroe County, Florida (hereafter called
County). This compensation structure covers a period beginning April 1, 2025 and
expiring September 30, 202
2. Project Fees
Project Timeline Cost
Domain Registrar Transfer April 2025 $6,093.00
& Site Scraping
Web Hosting Initial Set Up April 2025 $1,320.00
Email Strategy& April 2025 $4,950.00
Onboarding
Email Platform Vetting & April 2025 $6,600.00
Migration
Email Template Design, April 2025 $10,830.00
Development, Platform
Integration &Training
Website Support & Events April 2025 $6,600.00
On-Page Solution
Total $36,393.00
2. Website Hosting
Web Hosting is invoiced to MMGY from Pantheon. MMGY will pass through the cost to
County. Vendor costs are variable, at the discretion of the third-party and not the
Contractor.
Hard Costs Costs
Pantheon Website Hosting (Hard Cost) $30,000 (annual)
$2,500 (monthly)
3. Website Maintenance &Continuous Improvement
Website maintenance is intended to be allocated for the ongoing care and support of
the website base code,features and functionality. Website maintenance items are
considered to be tasks that require four (4) hours or less of creative or development time
to accomplish. Specific examples and additional details are located in Exhibit C.
Website Maintenance Cost
Website Maintenance & Continuous Improvement $3,300/month
Total $3,300/month
4. Email Marketing &Automation Program
MMGY will provide email marketing services inclusive of email strategy,email development,
quality assurance and monthly reporting. Email Service Provider Software is invoiced to
MMGY from Klaviyo. MMGY will pass through the cost to County.Vendor costs are
variable, at the discretion of the third-party and not the Contractor.
Email Marketing&Automation Program Cost
Email Program Management $7,200/month
ESP Software Program $2,070/month
Total $9,270/month
5. Invoicing Schedule*
*The County will pay the Contractor on a reimbursement basis upon submission of a
proper invoice showing the payment to the third-party. The County will not pay the
third-party expenses directly.
Invoicing Date Services Provided Invoice Total
(4/1/25-9/30/25)
April Domain Registrar Transfer&Site Scraping $6,093
Web Hosting Initial Set Up $1,320
Email Strategy&Onboarding $4,950
Email Platform Vetting & Migration $6,600
Email Template Design, Development, $10,830
Platform Integration &Training
Website Support& Events On-Page Solution $6,600
Website Maintenance $3,300
Email Program Management $7,200
ESP Software Program $2,070
May Website Maintenance $3,300
Web Hosting $2,500
Email Program Management $7,200
ESP Software Program $2,070
June Website Maintenance $3,300
Web Hosting $2,500
Email Program Management $7,200
ESP Software Program $2,070
July Website Maintenance $3,300
Web Hosting $2,500
Email Program Management $7,200
ESP Software Program $2,070
August Website Maintenance $3,300
Web Hosting $2,500
Email Program Management $7,200
ESP Software Program $2,070
September Website Maintenance $3,300
Web Hosting $2,500
Email Program Management $7,200
ESP Software Program $2,070
April-September 2025 $126,813