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Home My WebLink About20240663.tiffUnfvaci- 1V+-19 z� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Microsoft Program Signature Form DEPARTMENT: Information Technology PERSON REQUESTING: Ryan Rose Sam Penn Brief description of the problem/issue: DATE: 3/4/2024 Weld County has been utilizing Microsoft licenses through the Microsoft enterprise enrollment agreement since April 1st, 2015. The enrollment process allows us to purchase Microsoft licenses by leveraging the Colorado State and Local Government Agreement. With this option, it allows us to establish a three-year agreement that is reviewed annually for adjustment to license quantities and associated costs. Through the agreement all Weld County staff gain access to Email, Office Products (Word, Excel, PowerPoint etc.), and use resources that are dependent on Windows Data Center and SQL database licenses. The costs for all Microsoft licenses are included in the approved 2024 Weld County Budget. To renew our use of these resources we need to obtain the signature of the Board Chair on the attached Program Signature Form, which has been reviewed by Karin McDougal. What options exist for the Board? Consequences: If we do not renew our agreement, we will lose access to all Microsoft licensed resources. Impacts: If we do not have access to Microsoft licenses, we will lose the ability to provide functions critical to all County operations. Costs (Current Fiscal Year ! Ongoing or Subsequent Fiscal Years): $1,011,502.44 annually. Recommendation: We are requesting that the Board authorize the Chair to electronically sign the Microsoft Program Signature Form. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine LbYl `1d-0`' 3/X8/24 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: 6:T/r) Opg? 2024-0663 t 3 crosoft Program Signature Form MBA/MBSA number Agreement number 5780372 Volume Licensing 7-36X123XFSD Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code Enterprise Enrollment (Indirect) Enterprise Amendment Product Selection Form X20-10636 M97, M423 / New 2634506.009 PSF By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Customer Name of Entity (must b i entir * Weld County Government Signature* Printed First and Last Name* Kevin D. Ross Printed Title Chair, Board of Weld County Commissioners Signature Date* March 18, 2024 Tax ID 84-6000813 indicates required field ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May202o) Page 1 oft Document X20-12883 0200211- D 1 (i Microsoft Affiliate Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different man racrosotrs signature date) Optional 2n° Customer signature or Outsourcer signature (if applicable) Customer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Outsourcer Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 USA P*uunrnSignForm(MSSign)(NA,LatAm)Ex6RA,ML)(ENG)(May2020) Page 2 of 2 Document X20-12883 r Microsoft Enterprise Enrollment Enterprise Enrollment number (Microsoft to complete) Previous Enrollment number (Reseller to complete) 65311846 51713726 Framework ID (,f applicable) State and Local This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (6) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 1 of 10 Document X20-10636 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 2 of 10 Document X20-10636 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a Product. "Volume Licensing Site" means htto://www.microsoft.comfficensino/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 3 of 10 Document X20-10636 9 - (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as (a) the initial order minimum requirements are maintained and (b) all then -active users of each Online Service are included the total quantity of Licenses remaining after the reduction. An Enrolled Affiliate may reduce Licenses for Online Services on or before the Enrollment anniversary date and place a reservation order for such licenses within 90 days after the anniversary date; however, any licenses ordered as described in this section will be invoiced to the Enrolled Affiliate for the time period the licenses were made available. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 4 of 10 Document X20-10636 Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Unless otherwise expressly agreed to by the parties and except for Online Services designated in the Product Terms as being exempt from fixed pricing, Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 5 of 10 Document X20-10636 5. End of Enrollment term and termination. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term option that allows Online Services to continue month -to -month ("Extended Term') is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first twelve months of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may condition the continued use of each Online Service on the acceptance of new terms by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at least 60 days before any such changes take effect. Enrolled Affiliate acknowledges and agrees that after the notice described in this section, its continued use of each Online Service after the effective date provided in the notice will constitute its acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it must stop using the Online Services and terminate the Extended Term as provided in this section. Enrolled Affiliate's termination under this section will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 6 of 10 Document X20-10636 For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Govemment Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas In the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 7 of 10 Document X20-10636 Enrollment Details 1. Enrolled Affiliate's Enterprise. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: © Enrolled Affiliate only O Enrolled Affiliate and the following Affiliate(s): Unless specifically identified above, all Affiliates of Customer, either existing at the execution of this Enrollment or created or acquired after the execution of this Enrollment, will be excluded from the Enterprise. To request that an additional Affiliate be included in Customer's Enterprise, Customer must identify an Affiliate to Microsoft in writing and provide any required documentation. Microsoft will reasonably review requests under this paragraph and may approve the inclusion of an Affiliate in Customer's Enterprise in its sole discretion. 1. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (') indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at httos://www.microsoft.comilicensino/servicecenter. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)' Weld County Government Contact name: First* Sam Middle Last' Penn Contact email address' spenn@weld.gov Street address' 1401 N 17th Avenue City' Greeley State' CO Postal code' 80631-9563 - (Please provide the zip + 4, e.g. xxxxx-xxxx) Country' United States Phone' 970-400-2540 Tax ID ' indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as primary contact (default if no information is provided below, even if the box is not checked). EA20241EnrGov(US)SLG(ENG)(Oc12023) Page 8 of 10 Document X20-10636 Contact name: First* Sam Middle Last* Penn Contact email address* spenn@weld.gov Street address* 1401 N 17th Avenue City* Greeley State* CO Postal code* 80631-9563 - (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 970-400-2540 Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true -up order. ❑ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name: First* Sam Middle Last* Penn Contact email address* spenn@weld.gov Phone* 970-400-2540 ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* Insight Direct USA, Inc. Street address (PO boxes will not be accepted)* 2701 E. Insight Way City* Chandler State* AZ Postal code* 85286-1930 Country* United States Contact name* Software *Contract Support Phone* 800-624-0503 Contact email address* contractsupport@insight.com * indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Software-*ContractSuppo✓t Printed name* Software *Contract Support Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 9 of 10 Document X20-10636 e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 1. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? O Yes, IS No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 10 of 10 Document X20-10636 rosoft Volume Licensing Previous Enrollment(s)/Agreement(s) Form Entity Name: Weld County Government Contract that this form is attached to: State Local Government For the purposes of this form, "entity' can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. Enrollment/Agreement/ Enrollment/Agreement/ Purchasing Account/Affiliate Purchasing Account/Affiliate Registration Description Registration Public Customer Number Standard Enrollment 51713726 Transfer Transfer SA Benefit MSDN Contact Subscribers Prev EnrAgrForm(WW)(EN G)(Oct2019) =1 age 1173 of Document X20-1 rMicrosoft Amendment to Contract Documents Enrollment Number I Volume Licensing 7-36XI23XFSb._ These amendments are entered into between the parties identified on the attached program signature form. They amend the Enrollment or Agreement identified above. All terms used but not defined in these amendments will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment Invoice for Quoted Price Amendment ID M97 The price quoted to Enrolled Affiliate is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided. For Indirect models, Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller. AAD-34704 M365 G3 Unified FUSL GCC Sub Per User 1915 DDJ-00001 Power BI Pro GCC Sub Per User 339 0 N VH-00002 D365 Customer Service FSA GCC Sub Per User 18 0 NVG-00005 D365 Customer Service GCC Sub Per User 2 0 4ES-00001 EOA Exchange Online GCC Sub Per User 207 0 AAD-63092 M365 F3 Unified GCC Sub Per User 0 139 3KS-00001 O365 F3 GCC Sub Per User 7 0 SEL-00001 Power Apps Premium GCC Sub Per User 5 0 SFR-031001 Power Automate GCC Sub Per User 7MS-0D001 Project P3 GCC Sub Per 26 User 0 NYH-00001 Teams AC with Dial Out 2151 US/CA GCC Sub Add-on 0 AmendrnentApp v4.0 M97,M423 Page 1 of 4 J.: 9:tea.€A;": AmendmentApp v4.0 M97,M423 B Page 2 of 4 Enterprise Enrollment Muliple Azure Billing Tenants Under a Single Enrollment Amendment ID M423 1. Definitions. "Azure Billing Tenant" means the environment established by Microsoft on its multi -tenant servers from which a customer accesses Microsoft Azure Services. "Lead Enrollment" means the Enrollment identified above. "Billing Tenant Enrollment" means the enrollment associated with an Azure Billing Tenant established for a Tenant Affiliate under this Amendment. "Tenant Administrator" means any licensed user of an Azure Billing Tenant that has its role set to "Global Administrator" in the profile settings in the Tenant User Administration page of the tenant portal. "Tenant Affiliate" means an Affiliate, department, or any user group included in the Enrolled Affiliate's Enterprise who will access the Azure Billing Tenant that is identified in the Tenant Information Excel Form attached as an Appendix to this Amendment. 2. The parties agree to the following Billing Tenant Enrollment Terms as follows: Tenant Affiliate Access and Enrolled Affiliate Obligations. 'Each Tenant Affiliate may eccess each Azure Billing Tenant and its corresponding $illing.Teriant Enrollment identified in ohe Tenant Information Excel Form attached as an Appendix to this Amendment. Enrolled Affiliate acknowledges and agrees that (i) t is the sole Enrolled Affiliate; (ii) it is the sole Licensee with respect to each Billing Tenant Enrollment; and, (iii) it is solely responsible for ensuring that each of its Tenant Affiliate's comply with the terms and conditions set forth in the Lead Enrollment and any subsequent amendment hereof. b. 'Tenant Administrator User Credentials. Each Tenant Administrator must have its own, unique, login credential and shall manage each Azure Billing Tenant separately. No two Azure (Billing Tenants may share one Tenant Administrator login credential or data object(s). Azure Prepayment. Each Tenant Affiliate can purchase an Azure Prepayment; however, the allocated funds for such commitment cannot be transferred between Azure Billing Tenants and Tenant Affiliates. d. Purchasing (i) Purchase eligibility. Billing Tenant Enrollments may only be used to purchase Microsoft Azure Services and Microsoft Azure Services Plans. (ii) Pricing. The price for Microsoft Azure Services and Microsoft Azure Services Plans purchased under a Billing Tenant Enrollment will be based on the pricelist current as of the Billing Tenant Enrollment Effective Date. Any price adjustment to a Billing Tenant Enrollment will be applicable only to that Billing Tenant Enrollment. (iii) Initial Order. Each Billing Tenant Enrollment must include an initial order. (iv) Billing Tenant Enrollment Effective Date. The effective date of a Billing Tenant Enrollment will be the processing date of the initial order. --'Orders. Enrolled Affiliate must submit separate orders, on behalf of each Billing Tenant E=nrollment. Orders shall be governed by the terms set forth in the Lead Enrollment, except as AmendmentApp X4.0 M97,M423 B Page 3 of 4 g. specified in this Amendment. Orders are not transferrable between Billing Tenant Enrollments. Billing Tenant Enrollment acceptance and order reminders will be sent to the contact(s) identified on the Lead Enrollment only. f. Notices Contact and Online Services Manager. Each Billing Tenant Enrollment, shall have its own Notices Contact and Online Services Manager as listed in the Tenant Information Excel Form attached as an Appendix to this Amendment. The Notices Contact and Online Services Manager is authorized to manage the Microsoft Azure Services obtained under the related Billing Tenant Enrollment. The expiration date, anniversary dates, payment dates and applicable taxes for each Billing Tenant Enrollment shall be the same as in the Lead Enrollment. h. Warning: If the Online service Manager Contact is third party (not Enrolled Affiliate) please be aware that this contact receives personally identifiable information of the Customer and it Affiliates. This Amendment must be attached to a signature form and accompanies by the Tenant Information Excel Form to be valid. The Number of Tenant (s) listed in the Tenant Information Excel form file is:1 Appendix Tenant Information Excel Form is attached Except for changes made by these amendments, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in these amendments and any provision in the Enrollment or Agreement identified above, these amendments shall control. This Amendment must be attached to a signature form to be va lid. Microsoft Internal Use Only: (M97)EnrAmend(Ind)(InvoiceforQuotedPrice)( WW)(ENG)(Jan2023)v2(I U(.docx M97 B (M423)EnrM ultiTenant(M ultipleAzure BillingTe nantsUnderASingleEnrollment)(WW)(ENG)(M ,ar2022)(IU).docx AmendmentApp v4.0 M97,M423 M423 PLSS Page 4 of 4 This Terwnt Information - Excel Form must be used with the Multi -Tenant Enrollment Amendment ( M1 Tenant Form) to be valid - If the Online service Manager Contact is a third party (not Enrolled Affiliate) contact receives personally identifiable information of the Customer and its Affili: File Version: July_2023 (Registration ID (required oily in 25 countries) Prior Enrollment (if renewal) Tenant Affiliate Name (will be used as Tenant ID Name in I CPS)* (Contact First Name* Contact Last Name* 6838683 Weld_Azure Charles Shober 30/M423/H21/M459/Add please be aware that this ates. Online Service Manager Email' cshober@weldgov.com GENERAL NOTES: 1 Completing the Intake File Tab Please complete all applicable columns in the Intake Form Tab as instructed in "Use of Do not Unhide any row or column Do not add any column Use one row per Tenant (no limit on number of tenants/rows you can add) Do not copy and past data across entire row due to hidden columns as data will be pia( 2 Use of Co umns Registration ID: Only required for 25 countries and is Optional for the rest of the world Prior Enrollment: Optional field if tenant is being renewed. Please enter the prior enrol Tenant Affiliate Name: Name of each tenant to be created/renewed. When accompain Contact First Name: Tenant contact first name, this will be used as the Primary Contact Contact Last Name: Tenant contact last name, this will be used as the Primary Contact Online Services Manager: This will be used as Online Services Manager email of each tE 3 Completing and submitting Amendment Excel Form must be used with the Multi -Tenant Enrollment Amendment M130/H21/M M130/H21/M423/M459 Amendment must be attached to a signature form and accom Ensure that the number of tenants added in this excel matches with the number of ten When submitting through CLT please ensure amendment, excel and signature form arc 4 Frequent ask questions Q: A: Q: A: Where can I find this`excelform? This excel form is available with in explore.ms and with the amendment. How do 1 submit this excel form? If the amendment is part of a contract package , please submit the excel form accompv If it is a standalone document please submit the excel form accompained of the amenc Q: Does the Online Services Manager (OSM) email need to be unique ? A: No, OSM email address does not need to be unique but if you provide a OSM email alr. For more information on activation steps please refer Online Services (OLS) activation e: Q: What happens if the ROC confirms a match between the proposed OSM and OSMs in P A: If OSM email provided under billing enrollment is already associated with an existing Ei A) Continue to process as -is — in which case enrollment will be automatically mapped ti B) Provide an alternative OSM email address (this will allow the customer to sign up to Please discuss with your customer and advise on which option they prefer — ensuring tl Q: Will my case break if the Multi -Tenant Enrollment Amendment is submitted without th A: Yes. O: Will my case break if the Multi -Tenant Enrollment Amendment is submitted without th A: If you belong to one of the 25 countries where this is mandatory YES. If you do not belong to ti Columns" Section below :ed in the wrong column. . For details please refer to Partner Readiness Gallery: Ilment number ed with CPS Order, Tenant affiliate name must match t and Online Services Manager of each tenant enrollmei and Online Services Manager of each tenant enrollmen !cant enrollment 423/M459 /Add Tenant form to be valid ipanied by this Tenant Information Excel to be valid. 'ants entered in the Multi -Tenant Enrollment Amend. attached ( Note Add Tenant Form does not require sig inied with the amendment and signature form togethe Iment and signature form via CLT. ( Note Add Tenant Fc wady in use you need to be aware that the new enrollm n7ail jmicrosoft.comf 'roductiori/Trial? nrollment, there are two options to proceed: o that existing tenant and all online services ordered ur a new tenant or associate with an alternative existing t hey are aware of the implications. Processing will rema le Tenant Information Excel File? to Registration ID? lose 25 countries no. VL essential data: Organization registration number and contact middle name (microsoft.com) he Tenant ID Name in the CPS. Due to system limitations, there is a 100 character limit to each nt ant M130/H21/M423/M4S9/ Add Tenant form to be valid ;nature form) r with your contract package. trm does not require signature form) ent created will be linked to the existing tenant OSM, meaning no email activation will be sent. 'icier that enrollnient(s) will be automatically provisioned to that tenant. :enact if preferred). iin on hold unti you confirm. Enterprise Enrollment Product Selection Form Lang.ge Proposal ID 2634506.009 English (United States) Microsoft I Volume Licensing Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary f©rthe initial order: qualified Devices ' Qualified Users Microsoft 365 Entegir se M355 G3 GCC USL Unified Products Enterprise Quantity Enrollment Number Enrolled Affiliate's Product Quantities: Price Grnup :Enterprise Products 'Office Professional Plus + M365 Apps for Enterprise + Office 365 (Plans E3 and ES) + Microsoft 365 Enterprise Client Access License+ Office 365 (Plans El, E3 and ES) + Microsoft 365 Enterprise Client Access License + Win E3+Win E5+Win 'Windows lntune + EMS -.vDA + Microsoft 365 USL + Microsoft 365 Enterprise Enterprise Quantity 1915 1915 1915 1915 EA-EASProdSel Farm(W W )(ENG) CTM Page 1 of 2 MS Quote Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. Quantity of licenses and Software Assurance Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below: Price Level 2,399 and below 2 400 to 5,999 6,000 to 14,999 15.000 and above Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List fora list of locations where these maybe purchased. Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products 0 the same pool will he price level "A" throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. EA-EASProdSelForm(W W)(ENG) CTM Page 2 of 2 MS Quote Form W-9 (Rev. October 2018) Department of the Treasury internal Revenue Service Request for Taxpayer Identification Number and Certification I. Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. m o ai a ao ya. � ` o _ 0 e :C rn 1 Name (as shown on your income tax return). Name is regWred on this line; do nut leave this line blank. COUNTY OF WELD 2 Business name/disregarded entity name, if different from shave 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check following seven boxes. ❑ Individuahsoie proprietor or ❑ C Corporation L S Corporation ❑ Partnership single -member LLC ❑ Limited liability company. Enter the tax classification (C=G corporation, S=S corporation, P=Partnership) Note: Check the appropriate box In the line stove for the tax classification of the single -member owner. LLC if the LW is classified as a s le -member LLC that is disregarded from the owner unless the owner � another LLC that Is not disregarded from the curer for U.S. federal tax purposes. Otherwise, a single is disregarded from the owner should check the appropriate bee for the tax ctassfiication of its owner. J Other (see instructions). GOVERNMENT only one of the ❑ Trust/estate ► 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (AppA"es to accounts (codes apply only to not individuals; see on page 3): code (if any) from FATCA reporting Do not check of the LLC is -member LLC that mak..d outside the U.S.) 5 Address (number. street, and apt. or suite no.) See Instructions. 1150 "O" STREET Requester's name and address (optional) 6 Cey. state, and zip code GREELEY, CO 80631 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) ru. ;_ .,_ ............;.,.s t..... n..,. -nkt ....nx.Inrt .nr.at mntr!h the. nano nivon on fine 1 to avoid i Soeiat security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I. later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. I - or Employer identification number 8 4 6 0 0 8 3 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I em no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Fart II, later. Sign Signature of J/� ��}'t Here I U.S. person► 7 !C—/44 2/ r+" ''-' Date► ` { / 4/ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (MN), adoption taxpayer identification number (ATIN), or employer identification number (PIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Contract Form Entity Information Entity Name * MICROSOFT CORPORATION Entity ID* @00011416 New Entity? Contract Name* Contract ID VOLUME LICENSING ENTERPRISE ENROLLMENT 7926 AGREEMENT Contract Status CTB REVIEW Contract Lead * SWHITMORE Contract Lead Email swhitmore@co.weld.co.0 Contract Description* VOLUME LICENSING ENTERPRISE ENROLLMENT AGREEMENT Contract Description 2 Contract Type" AGREEMENT Amount* $0.00 Renewable* YES Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGI S@weldgov.com Department Head Email CM- InformationTechnologyGI S- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 03/09/2024 03/13/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 01/01/2025 Renewal Date* 01/01/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 03/13/2024 Approval Process Department Head Finance Approver Legal Counsel RYAN ROSE CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/13/2024 03/13/2024 03/13/2024 Final Approval BOCC Approved Tyler Ref # AG 031824 BOCC Signed Date Originator SWHITMORE BOCC Agenda Date 03/18/2024 Hello