HomeMy WebLinkAboutCAG2022-300 - Original - IMG Artists - Spotlight Series: Jazz at Lincoln Center presents Songs We Love - 01/20/2023ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Sup/Mgr:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
Jan Apple
Dir. Assist:
Dir/Dep Dir:
4
Ronda Billerbeck Parks, Recreation & Community Services
07/12/2022 ASAP
N/A
10006222.64190.4310
4
4
N/A
Contract
1388359 Original
01/20/2023
Other
01/20/2023
4
4
4
$10,000.00
LH
RL
RL
JP
7/18/22
CONTRACTOR SERVICES AGREEMENT - 1
(Under $10,000 – Sole Performer)
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Jazz at Lincoln Center presents Songs We Love, c/o IMG Artists
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Jazz at Lincoln Center presents Songs We Love, c/o IMG Artists, located and doing business at 7 West
54th Street, New York, NY 10019, 212-994-3500.
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Jazz at Lincoln Center (hereinafter referred to as “Artist”) will present one public
performance of “Songs We Love” – as part of the Kent Arts Commission’s
“Spotlight Series.”
Start Time/Duration/Stop Time: 7:30 p.m./approximately two hours, intermission TBD/9:30 p.m.
Day, Date, Year: Friday, January 20, 2023
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256th St., Kent,
WA 98030
Merchandising: Artist shall have the sole and exclusive right, but not obligation, to sell souvenir
posters, programs, CDs, DVDs and other merchandise directly pertaining to
and/or bearing the likeness of the Artist at the performance. City will retain 15%
of the receipts when Artist provides sales staff and 20% of the receipts when City
provides sales staff.
Lodging: City will provide nine (9) single hotel rooms on the night of Friday, January 20,
2023.
Meal(s): City will provide refreshments and a meal on the day of the performance as
specified in the attached rider.
Billing: “Jazz at Lincoln Center presents Songs We Love.” Artist to receive 100% sole
headline billing in all advertising, with exception of season brochure.
Sponsorship: City reserves the right to obtain corporate sponsor(s) for Artist’s performance.
Exclusivity: Artist shall not appear in general Seattle/Puget Sound market during the 2022-
2023 season (September 2021 – August 2022), including King, Pierce,
Snohomish, and Kitsap counties, with the exception of venues previously
discussed and mutually agreed upon.
House seats: City will hold ten (10) complimentary house seats for Artist, to be released 24
hours prior to curtain if not notified by Artist.
*All as more specifically described in the attached Exhibit B
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time those services are performed.
II. COMPENSATION. The City shall pay Contractor the total sum of $10,000.00 for the work to be
performed under this Agreement, upon satisfactory completion of all services and requirements specified in this
Agreement. A deposit of $2,500 will be paid, by City of Kent check, to IMG Artists LLC 60 days prior to the performance
date. The balance of $7,500 will be paid, by City of Kent check, to IMG Artists LLC, and mailed the first business day
following the performance. Checks will be mailed to the attention of Jean Lee at IMG Artists, 7 West 54th Street, New
York, NY 10019.
III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own
expense, complete press materials, including hard copy or high resolution electronic photographs, biographic
CONTRACTOR SERVICES AGREEMENT - 2
(Under $10,000 – Sole Performer)
descriptions, and program materials for the City’s use in promoting the event. All publicity and promotional materials
regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the
event or project.
IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, a house
manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation
of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below:
Venue: City will provide proscenium theater: Kent-Meridian High School Performing Arts Center
Sound: City will provide sound system according to Contractor’s technical rider.*
Lights: City will provide lighting according to Contractor’s technical rider.*
Dressing Rooms: City will provide dressing room facilities according to Contractor’s rider.*
Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility.
Contractor will provide any other technical staff, including a road manager or technical director,
necessary for the performance.
*All as more specifically described in the attached Exhibit B
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08
RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its work, the
City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which Contractor’s services
under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Contractor’s
services, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue.
E. The Contractor has registered its business and established an account with the state Department
of Revenue and other state agencies as may be required by Contractor’s business, and has
obtained a Unified Business Identifier (UBI) number from the State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business.
The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the
Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily
only in the results obtained under this Agreement and compliance with its terms and conditions.
VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
CONTRACTOR SERVICES AGREEMENT - 3
(Under $10,000 – Sole Performer)
IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement.
All costs incurred by the City due to Contractor’s failure to comply with the terms and conditions of this Agreement shall be
the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor’s performance compared to the contracted performance
schedule.
X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the
City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable,
the city will attempt to arrange an alternate performance space and Artist will employ its best efforts to provide the
contract work in that alternate performance space. Neither party shall be under liability for failure to perform in the event
that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other
cause beyond the control of either party. In the event of failure to perform as provided in this section, neither party shall be
liable for the balance of the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Discrimination. In the performance of work under this Agreement or any sub-contract, the Contractor
shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person.
B. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product.
C. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those cov enants, agreements or options, and the
same shall be and remain in full force and effect.
D. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided
by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under
Section VII of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing.
F. Assignment. Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent.
G. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Contractor.
H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
I. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement.
J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees
to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code.
CONTRACTOR SERVICES AGREEMENT - 4
(Under $10,000 – Sole Performer)
K. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below.
CONTRACTOR:
By:
Name: ______
Its
Date:
CITY OF KENT:
By:
Name: _________________
Its: ____________________________________
Date:
NOTICES TO BE SENT TO:
CONTRACTOR:
Toby Tumarkin, Executive Vice President - Global Head of
Artists & Attractions
IMG Artists
7 West 54th Street
New York, NY 10019
(212) 994-3500 (telephone)
ttumarkin@imgartists.com (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5050 (telephone)
rbillerbeck@kentwa.gov (email)
ATTEST:
_______________________________________________
Kent City Clerk
July 14, 2022
Toby Tumarkin
EVP, Global Head of Artists & Attractions
Julie Parascondola (Jul 18, 2022 12:33 PDT)
Julie Parascondola
7/18/2022
Director
Julie Parascondola
CONTRACTOR SERVICES AGREEMENT - 5
(Under $10,000 – Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
U*tbltB
IMG Artists
lJpdated June27th2022
please disregard anv previous rider versions vou mav have received for this Artist
SUBJECT TO CHANGE
lffil E ]lllcfi]{ Ctllllil Presents
Songs We Love
S ATT TO AND HEREBY MADE PART OF THE CONTRACT DATED BETWEEN
(Hereinafter refemed to as "PRESENTER"), AND IMG Artists FIS/O "Jazz at Lincoln
Presents - Songs We Love" (hereinafter referred to as ..ARTIST").
Absolutely no changes are to be made to this rider
without prior flgreement with ARTIST or their designated representatives.
In order to assure a quality concert, PRESENTER agrees to provide ARTIST with the following, at PRESENTER'S
sole cost and expense:
1. STAGE AND SOUND
a.A stage for performance with adequate space for the ARTIST'S instrumentation: drum set, acoustic bass and
bass imp, grand piano, saxophonist, trumpeter, trombonist, and three vocalists. The stage must be flat,
smooth and stable.
A professional lighting system suitable to adequately illuminate the stage area. A separate lighting director
on site, to produce live light accompaniment.
A professional sound system with at least 32 inputs, capable of providing clear, undistorted, evenly
disiributed sound throughout the audience area. The system must be complete with at least sixteen (16) high
quality microphones. A minimum of six (6) onstage monitors is required, but two (2) downstage side fill
monitbrs are ireferred. An engineer experienced in the house system to operate said system must be on hand
for the soundcheck and performance. A monitor engineer in addition to the front of house sound engineer is
preferred.
b.
HOUSE MONITORING AND LIGHTING ENGINEERS MUST BE PROVIDED AT NO COST TO ARTIST
I li
JA["C Prescrrts Rider
r\s ofJune 21,2022
SI.'tsJICT I'O CFIANCE
c.
IMG Artists
2. BACKLINE AND AUDIO
a. Microphones:
o Four (4) wireless vocal microphones (3 vocalists &
r One (l) saxophone microphone
r One (l) trumpet microphone
o One (1) trombone microphone
o Two (2) bass microphones, body and amp
o Two (2) piano microphones
. Seven (7) drum microphones:
- kick
- snare
- toms x3
- overhead x2
I talkback mic for trumpeter/band leader)
b. Drums
Yamaha Tour Custom (any wrap)
. Remo Coated Ambassador heads
r Bass Drum - 20"
. Toms - 10",12", and 14" floor tom
. Snare - 14" x 6.5"
High-quality hardware, including three cymbal stands
One (1) drum throne
One (l) drum rug
Note: drummer travels with cymbals and sticks
c. Acoustic Bass:
- Fully carved 314 or 718 and of German, Italian, or Czech origins (Juzek or Pollman recommended)
. Adjustablebridge(non-negotiable)
. David Gage Realist pickup
- German bow (non-negotiable)
' Bow Quiver attached to bass
- Carlsson or Nyman bass rosin
- Bass amp
. SWR California Blonde II or Tone Hammer 500 amp head w/ Aguilar SLl 12 cabinet
, 217
JALC Presents Rider
As ofJune 27,2022
SIJBJECT TO CHANGE
IMG Artists
d. Piano
Grand or Baby Grand (no Upright Grands unless approved by artist representatives)
Tuned day of performance
Adjustable professional piano bench
e Accessories, Hospitality, and Miscellaneous
- Eight (8) heavyweight black music stands with music clips
- Eight (8) stand lights available with backup batteries
- Three (3) chairs with backs for the hom section
- Four (4) stools for the vocalists and bassist
- Nine (9) water bottles, placed onstage (sustainable alternatives preferred and appreciated!)
- Nine (9) black towels, placed onstage
- Decorative rug/s for vocalist area downstage
- Platforms as the venue deems necessary
IT IS OF THE ESSENCE OF THIS AGREEMENT THAT PRESENTER FULFILL ALL TECHNICAL
REQUIREMENTS. Please contact Tour Manager with any questions or concems'
ALLEQUIPMENTFORPERFORMANCE MUSTBE SETUP, POSITIONED,AND WIRED ON PERFORMANCE
STAGE AS ILLUSTRATED ON THE ATTACHED STAGE PLOT AT LEAST ONE HOUR PRIOR TO SOLIND
CHECK.
3. TRANSPORTATION
Ground transportation from the hotel to the venue must be arranged and provided by the PRESENTER, if
ARTIST is not traveling with personal transport.
4. ACCOMMODATIONS
Nine (9) single hotel rooms in a four (4) star hotel, including breakfast, in a reasonable distance to the venue.
Parking must be included at the venue and hotel.
5. PARKING
Parking and height clearance for a 15 passenger van to be provided at both venue and hotel, ifARTIST is
traveling with personal transport.
317
JALC Presents Rider
As ofJune 21,2022
SIJBJECT TO CHANGE
IMG Artists
6. BACKSTAGE
PRESENTER shall furnish ARTIST, at PRESENTER'S sole cost and expense:
a. One (1) large Green Room, for communal gathering and dining
b. Three (3) dressing rooms wirh private-shower and bathroom preferred y\0 '*wtv+cvb
- Iron w/ ironing board and garment steamer all required
c.
d. All areas should be clean and dry as the weather shall require. The dressing rooms should be guarded or
capable of being locked, particularly when ARTIST is performing.
7. CATERING
ARTISTS will be travelling extensively with minimal opportunities to step away for breakfast, lunch or dinner! Please
understand that your fulfillment of the catering portion of the rider is necessary to the health and nutrition of the
ARTISTS. Please reach out to tour manager with any questions or concerns.
a. Arrival & Soundcheck
- One (1) fresh deli and cheese tray with vegetarian options, including leaff greens, condiments, and
fresh sliced bread (whole-grain preferred) for sandwiches
- Freshjuices and seltzers
- Pitchers of Water
- Utensils, glasses, napkins, ice for nine (9) people
b. Dinner, between Soundcheck and Performance
- A hot meal sufficient for nine (9) people. Must include vegetarian, vegan, and gluten-free options.
Menu to be advanced with Tour Manager
c. p.err anrr white u,ine, ene bottle each tr,lrr0)l DA"C,i Lt\ , tll-O d-LrOLLfil all-t&ftf,
d
ARTIST requests that PRESENTER agrees to make reasonable efforts to:
(a) minimize or eliminate the use of single use plastics by providing reusable alternatives to single use items
including but not limited to straws, cups and utensils;
(b) minimize packaging; and
(c) utilize recycled materials whenever possible.
PRESENTER agrees to have a representative capable of making any decisions pertaining to the engagement on hand
from the time of arrival of the production equipment through the time of departure. This representative must have
copies of all documents pertaining to the engagement. PRESENTER'S representative must be in constant contact with
ARTIST'S representative to guarantee a smooth and effrcient presentation.
411
JALC Preserrts Rider
As o1'Jurre 27,2022
SLBJECT'IO CHANGE
8.
9. BILLING /ADVERTISING:
ARTIST is to be billed in all print materials, Marquees, Print Ads, Radio Ads, Tickets and any other marketing
materials only as "Jazzat Lincoln Center Presents - Songs We Love"
PRESENTER shall send all marketing materials for approval to Jean Leeo jlee@imgartists.com, prior to print
or going live on the web.
10. INSURANCE
PRESENTER agrees to retain any and all necessary personal injury or property damage liability insurance
with respect to ihe activities of ARTIST on the premises of PRESENTER or at such other location where
PRESENTER directs ARTIST to perform. PRESENTER agrees to indemnifu and hold ARTIST and IMG
harmless from any and all claims, liabilities, damages, and expenses arising from any action or activity of
PRESENTER while ARTIST is rendering the contracted services except for claims arising from ARTIST's
willful misconduct or gross negligence.
1I. RIDER ADHERENCE AND DISSEMINATION:
No deletions, additions, or substitutions to this document will be accepted unless counter-initialed by
ARTIST's signatory. PRESENTER hereby guarantees that this rider will be adhered to and that these
documents will be dirtribut"d exactly as is (or as corrected and approved) to the appropriate technical and
administrative personnel at the venue as contracted. If PRESENTER is unable to fulfill any of the terms in the
contract or needs additional information please contact:
Jean Lee
Managing Producer
IMG Artists
T:212-994-3523
E: jlee@imgartists.com
IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above
written.
PRESENTER IMG ARTISTS
IMG Artists
lv-f
,/)
J
covTPLIMENTARY rlcl(Ers: +-ULr [O ) W
pRESENTER agrees to provide ARTIST with dighte,en-0S) c'omplimentary tickets for each performance.
517
.lAL,C Presents Rider
As ofJune 27,2022
SIJB.IECT TO CIIANGE
Date:v LZJ Date
IMG Artists
Bookine
Toby Tumarkin
IMG Artists
9t7-207-0294
ttumarkin@imgarti sts. com
Contracts. Marketins & Servicins
Jean Lee
IMG Artists
917-285-0875
jlee@imgartists.com
Technical Advance
Haley Freedlund
971-226-5047
haley.freedlund@gmai Lcom
CONTACTS
i 617
JALC Plesents Rider
As ofJune 27,2022
STJBJECT TO CHANGE
JA77 @ LINCOLN CENTEIsoN(updated 2(*t){r,t\wrRfrfss\bg1RE.€SS- wrREl.ESs
IMG Artists
Presenter Information Form
Please complete this information for itinerary purposes.
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717
JALC Presents Rider
As ofJune 27,2022
SUBJECT TO CIIANCE
Phone 1i cl
Signature:
Email:
Signature:
Email:
Signature:
Email:
Lori Hogan (Jul 12, 2022 14:24 PDT)
lhogan@kentwa.gov rlashley@kentwa.gov
Melissa McCormick (Jul 18, 2022 14:31 PDT)
Melissa McCormick
cityclerk@kentwa.gov
SpotlightSeries_SongsWeLove_Contract22_23
Final Audit Report 2022-07-18
Created:2022-07-12
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAZYxmVubyEOzjX8_koDLeMQoHdwDMDwjj
"SpotlightSeries_SongsWeLove_Contract22_23" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2022-07-12 - 8:15:27 PM GMT- IP address: 146.129.252.126
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2022-07-18 - 9:29:43 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2022-07-18 - 9:31:08 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2022-07-18 - 9:31:08 PM GMT