25.05.29 ICA Painted Benches Project Management Agreement2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 1 of 9
2025 Independent Contractor
Service Agreement
For Painted Benches Project Management
(“Painted Benches”)
This Independent Contractor Service Agreement (“Agreement”) dated as of May 29, 2025, is between
the Town of Avon, a Colorado home rule community (“Town”), and Custom Creations Inc., a Corporation of
the State of Colorado whose business address is 120 Broadway St. Eagle, CO 81631 (“Contractor” and,
together with the Town, “Parties”).
1. Services: Contractor agrees to provide services (“Services”) as described in the proposal
(“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this
Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide
and complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances in Colorado. Contractor
hereby warrants that it has the workforce, training, experience, and ability necessary to properly complete
the Services in a safe and timely fashion. Contractor will comply and cause all of its employees, agents,
and subcontractors to comply, with applicable safety rules and security requirements while performing the
Services.
2. Independent Contractor: The Contractor shall perform the Services as an independent
contractor and shall not be deemed by virtue of this Agreement, or any other document attached or
referenced herein, to have entered into any partnership, joint venture, employer/employee, or other
relationship with the Town other than as a contracting party and independent contractor. The Town shall
not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any
kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or
representatives, including coverage or benefits related but not limited to: local, state, or federal income or
other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or
health; professional liability insurance, errors, and omissions insurance; or retirement account contributions.
3. Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term
(as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this
Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with
an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Contractor.
The Contractor shall secure and maintain the following (“Required Insurance”):
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 2 of 9
A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance, if any, shall be
endorsed to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) for each occurrence and of One Million Dollars ($1,000,000.00) aggregate.
The policy shall be applicable to all premises and all operations of the Contractor. The policy shall
include coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a
severability of interests provision. Coverage shall be provided on an “occurrence” basis as
opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as
Certificate Holder and name the Town, and its elected officials, officers, employees, and agents as
additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the
following:
A. For Required Insurance and other insurance carried by Contractor (“Contractor Insurance”), all
policies of insurance shall be primary insurance, and any insurance carried by the Town, its
officers, or its employees shall be excess and not contributory insurance to that provided by the
Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any
insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement
and the Services. The Contractor shall not be an insured party for any Town-obtained insurance
policy or coverage.
B. For Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for
any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no
less than thirty (30) days prior to any cancellation, termination, or a material change in such policy.
3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the
Contractor arising from performance or non-performance of this Agreement. Failure on the part of the
Contractor to obtain and to continuously maintain policies providing the required coverage, conditions,
restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which
the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew
any such policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon
demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums
against any monies due to the Contractor from the Town pursuant to this Agreement.
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 3 of 9
3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to
the Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of
insurance, insured parties, and other information sufficient to demonstrate conformance with this Section
3. INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of
insurance shall reference the Project Name as identified on the first page of this Agreement. The Town
may request and the Contractor shall provide within three (3) business days of such request a current
certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at
its election, withhold payment for Services until the requested insurance policies are received and found to
be in accordance with the Agreement.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s
satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and
after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer
identification number or social security number. Town shall pay Contractor within thirty (30) days after an
invoice in proper form is submitted to Town.
5. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery
of written notice to the Contractor at least ten (10) days prior to the effective date of termination or may
terminate this Agreement immediately upon delivery of written notice if Contractor fails to provide the
Services in accordance with the terms of this Agreement.
6. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title
24, Article 10, Part 1 of the Colorado Revised Statutes.
7. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action
to ensure applicants are employed, and employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
8. No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create
a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including
any agent, sub-consultant, or sub-contractor of Contractor. Absolutely no third-party beneficiaries are
intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and
unintended beneficiary only.
9. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that the Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 4 of 9
against all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees,
arising out of the performance of the Services, provided that any such claim, damage, loss or expense is
caused by any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor
or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a
party indemnified hereunder.
11. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be
in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to
expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either
may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement.
The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party
shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this
Agreement and any exhibit or attachment, the language of this Agreement shall govern.
12. Term. The provision of Services under this Agreement shall commence on May 29, 2025 (the
“Effective Date”) and will terminate on August 1, 2025 (cumulatively, the “Term”); provided, however,
under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 –
December 31). The Contractor understands and agrees that the Town has no obligation to extend this
Agreement’s Term or contract for the provision of any future services, and makes no warranties or
representations otherwise. Notwithstanding the foregoing, the Parties may mutually agree in writing to the
monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is
approved by the Town Council and the Contractor and such extension do not alter or amend any of the
terms or provisions of this Agreement.
13. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject
to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this
Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations
of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town’s current fiscal period ending upon the next succeeding December 31. Financial
obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of Town of Avon, and other applicable laws. Upon the failure to appropriate such funds, this
Agreement shall be terminated.
14. Background Check. A background check of Contractor and any Contractor’s employees or
subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past
six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired
online by going to www.colorado.gov) or the Town will conduct the background check and provide a
submission form to be completed by the Contractor.
15. Assignability. The Contractor shall not assign this Agreement without the Town’s prior written
consent.
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 5 of 9
16. Survival Clause. The “Indemnification” provision set forth in this Agreement shall survive the
completion of the Services and the satisfaction, expiration, or termination of this Agreement.
17. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement
invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of
this Agreement.
18. Attorney’s Fees. Should this Agreement become the subject of litigation between the Town and
Contractor, the prevailing party shall be entitled to recovery of all actual costs in connection therewith,
including but not limited to recovery of all actual costs in connection therewith, including but not limited to
attorneys’ fees and expert witness fees. All rights concerning remedies and/or attorneys’ fees shall survive
any termination of this Agreement.
AGREEMENT READ, UNDERSTOOD, AND APPROVED:
Nina P. Williams, Town Attorney
Tara Novak (Jun 3, 2025 11:02 MDT)
Tara Novak
Tara Novak
President
Danita Dempsey (Jun 3, 2025 11:58 MDT)
Danita Dempsey
Danita Dempsey
Chief Cultural Officer
Nina P. Williams (Jun 3, 2025 12:32 MDT)
Nina P. Williams
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 6 of 9
EXHIBIT A
(“Proposal”)
Scope of Work:
1. 2025 New Benches – Through a Request for Proposal (“RFP) process which is provided below,
Contractor shall collaborate with the Town to identify local artists, to design and paint four (4)
metal slated Town owned benches.
Contractor shall take delivery of the four (4) Town owned benches at the Contractors place of
business located at 120 Broadway St Eagle, CO 81631. Contractor shall oversee all artist(s)
selected for each of the benches to include but not limited to bench preparation, application of the
design, painting, finishes and provide notice of completion to the Town to arrange for pick up.
Delivery of Work:
1. RFP / Call to Artists released on June 1, 2025 through the VVAG Member database, VVAG social
media channels. One week later a Town press release will be issued and posting on social media
channels.
2. In collaboration with the Town, to review artist submissions and begin selection process on June
17, 2025.
3. In collaboration with the Town, notify selected artists on June 23, 2024
Fee:
1. The Town shall pay Contractor $5,200 within 30 days of completion of Benc Project and receipt of
invoice from Contractor.
2. Contractor shall pay each artist individually within 30 days of completions of project and based on
Contractor agreement with artist(s).
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 7 of 9
CALL FOR ARTISTS / REQUEST FOR PROPOSAL
TOWN OF AVON PAINTED BENCHES PROJECT FOR 2025
The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists or artist teams to create
four (4) unique painted designs on benches located throughout the Town. This is a project of the Avon
Town Council and Cultural, Arts & Special Events (“CASE”) Committee.
Overview: The Painted Benches Project (“Bench”) aims to enhance the aesthetic appeal of public
spaces, foster community engagement, and promote local artistic talent. Selected artists will have the
opportunity to showcase their work to residents and visitors, contributing to the cultural vibrancy of Avon.
The enhancement of public places by integrating the creative work of artists improves the pedestrian
experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access
to public art enlivens public areas and their grounds and makes them more welcoming. It creates deeper
interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a
community, and points to its aspirations for the future.
Project Intent: To transform ordinary public seating into cheerful and vibrant works of art, creating a
sense of community pride, cultural enrichment, and aesthetic enhancement. The selected artist is
responsible for working with Town representatives on all aspects to include multiple iterations of design.
Design & Theme: The CASE Committee is seeking designs that will enrich the areas where benches are
placed through public art. These designs should include colors and/or color combinations that evoke
passion, energy, optimism, and creativity. The theme could convey the beauty of the area's natural
resources or the Town of Avon's cultural heritage, including but not limited to good stewardship, ranching
and farming history, wildflowers, outdoor recreation, active lifestyle, etc.
Photo Examples: Below are photo examples of benches done previously and photos of an unpainted
bench.
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 8 of 9
Eligibility:
1. The Request for Proposals is open to all artists and artist teams residing and working in Eagle
County, Colorado.
2. All applicants must be 18 years of age or older and have all necessary documentation and
permits to work in the United States at the time of submittal.
3. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation
involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes.
Criteria for Art:
1. Quality – The consideration of highest priority is the inherent artistic excellence of the artwork as
well as representing a diverse range of appeal within the community.
2. Timelessness – Bench(s) will be viewed as a long-term acquisition that should have aesthetic
relevance to the community in future years and reflect enduring artistic quality.
3. Site Compatibility & Appropriateness – Bench(s) must be appropriate in scale, material form
and content for both the immediate and general, social, and physical environment in which the
Project(s) will be placed.
4. Elements of Design – The consideration that the Bench(s) will aim to enrich the aesthetic appeal
of public spaces, inspire community, conversation, and connections, and establish creative
identity.
5. Permanence & Safety – Consideration will be given to permanence, protection against
vandalism, weathering and excessive maintenance and repair costs. A list of approved primer,
paint, and sealer are included below.
a. Primer – Benches will be prepped and primed prior to the artists commencing their
painting. Artists may request either Black or White base color for their bench.
b. Paint Options - For consistency, Nova Color Paints in an array of colors will be available
for the artists to use at Artspace. The artist may use their own stock of paints, as long as
it follows these approved paints list:
• Nova Color Professional Artist Paints
• Golden Paintworks Mural & Theme Paints
c. Sealer/Varnish –
• Nova Color Exterior Varnish – two (2) coats (available for purchase at Artspace from
Tara for $10/pint)
• Golden MSA Varnish
The new benches will be set in the backyard of Artspace/120 Broadway for preparation procedures of
sanding and priming. For consistency, the benches will be sanded and primed by Artspace staff, in
advance of the artists beginning their designs. The benches will then be moved indoors at Artspace for
work to be completed. Understanding that there may be questions or a desire to use other products,
Artists must inquire about desired product changes with Tara Novak for approval.
Artist Criteria:
1. Cooperation – Ability of the Bench artist(s) to work closely and cooperatively with CASE, Town
staff and contractors.
2. Expertise - Demonstrates knowledge and experience of public art.
3. Presentation – Ability of the Bench artist(s) to clearly describe concepts verbally and through
2025 FORM: ICA – Custom Creations, Inc. – May 29, 2025 Page 9 of 9
quality written materials.
4. Technical Feasibility - Ability of the Bench artist(s) to carry out the concepts described in the
proposed design.
5. Timelines - Ability of the artist(s) to deliver the art according to the agreed schedule.
6. Aesthetic Standard - CASE shall have the right to withhold recommended acceptance to Town
Council of a Bench(s) until it clearly meets standards of artistic achievement agreed upon by most
of the CASE members.
Project Budget: Case-by-case basis to be determined, up to $800.00 based on design.
Application & Process: Application and supporting materials of up to 50MB can be emailed directly to
all three (3) individuals listed below:
1. Artist and/or Artist Team Contact:
a. Town of Avon’s Culture, Arts and Special Event Manager, Danita Dempsey –
ddempsey@avon.org
b. Town of Avon’s Senior Special Events Coordinator, Chelsea Van Winkle –
cvanwinkle@avon.org
c. Custom Creations, Inc. Owner, Tara Novak – taranovakart@gmail.com
2. Proposal:
a. Include 1 to 3 images of proposed Bench(s) design (sketches, digital design, mock-up).
b. Project statement describing your approach and intention for the Bench(s).
c. Include links to your website, social channels, and other links where your portfolio can be
viewed.
3. References & Past Work: One (1) relevant project reference to include the following:
a. Main contact, name, email, and phone numbers.
b. Scope and description of project.
c. Project budget, timeline, and location.
d. Minimum of two (2) digital images and maximum of five (5) digital images. No more than
50MB per or combined.
Anticipated Timeline:
● Artist Call for entry: June 2, 2025
● Deadline for entry: June 16, 2025
● Proposed selection notification: June 23, 2025
● Installation of work: June 23 through July 23, 2025
● Completion of work: July 23, 2025
The Town is not responsible for any expenses for the preparation or submittal of the Request for
Proposals. The Town has no obligation to select or use the services of any consultant submitting a
Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for
services or projects deemed necessary by the Town. Any questions may be directed Chelsea Van Winkle
at cvanwinkle@avon.org or 970.331.5698.
Custom Creations Inc. Independent Contractor
Agreement 2025
Final Audit Report 2025-06-03
Created:2025-06-03
By:Danita Dempsey (ddempsey@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAAgLFjzR0vyeUVU81gMtdbJFN7jRjQW0H-
"Custom Creations Inc. Independent Contractor Agreement 202
5" History
Document created by Danita Dempsey (ddempsey@avon.org)
2025-06-03 - 4:38:45 PM GMT
Document emailed to taranovakart@gmail.com for signature
2025-06-03 - 4:40:40 PM GMT
Email viewed by taranovakart@gmail.com
2025-06-03 - 4:58:13 PM GMT
Signer taranovakart@gmail.com entered name at signing as Tara Novak
2025-06-03 - 5:02:39 PM GMT
Document e-signed by Tara Novak (taranovakart@gmail.com)
Signature Date: 2025-06-03 - 5:02:41 PM GMT - Time Source: server
Document emailed to Danita Dempsey (ddempsey@avon.org) for signature
2025-06-03 - 5:02:43 PM GMT
Document e-signed by Danita Dempsey (ddempsey@avon.org)
Signature Date: 2025-06-03 - 5:58:14 PM GMT - Time Source: server
Document emailed to nwilliams@avon.org for signature
2025-06-03 - 5:58:15 PM GMT
Email viewed by nwilliams@avon.org
2025-06-03 - 6:31:50 PM GMT
Signer nwilliams@avon.org entered name at signing as Nina P. Williams
2025-06-03 - 6:32:17 PM GMT
Document e-signed by Nina P. Williams (nwilliams@avon.org)
Signature Date: 2025-06-03 - 6:32:19 PM GMT - Time Source: server
Agreement completed.
2025-06-03 - 6:32:19 PM GMT