Loading...
CLB Backup 01/17/2018 1 3 11067 - r �.: COLLIER COUNTY n t ��tOWTH MANAGEMENT DIVISION 0.} '„ ILII N , . '-'. pursuant to section 489 Florida Statutes,the ndersigned hereby certifies that upon personal -' Investigation,he/she has reasonable and pt�able.grounds to believe that the perswhdse ; T, 'name appears below as issued to,did violat subsection 489.127.(1),Florida Statues,and the m Collier County Contractor's Licensing Orpinance No.2006.46(as may be amended)by '21: committing the violation stated below, „ rz Month 2 Day `/ Year 7 Time / 2 AM/ M, Wiz,-' • Issued To 6 R1LL6 '`$ r-t�//..:-// 4 : Address ./f 9' 4/ �'O i%t7�� l r/!�Jr �(/� `� IRA 33/te''a City ,f�A /0 /�il ., State J • Zip 'es.:17.'.''''';''' \\11\ 1\ 'Telephone NoSG/ I.D. Date of Birth `l./. 12 7.t . Vehicle Make/Type(if ap licable) Year Color Tag No. } Location of Violation a, . OPTIONS , r,, have been informed of the violation for which I have been charged and elect the ,ai,-,: followin option(Check one) t ;1) choose to pay the penalty of$ G d 2) 1 choose not to pay the penalty,and will request in writing by certified mad orhand trr ; ~---' delivery an Administrative Hearing before the Contractors Licensing Board " u '"' Description of Violation Date Violation Observe / I „ ,r' 'r, g a) ID Falsely hold self or business organization out as a licensee,certificate holder ` 4 or registrant; , Ia b) 0 Falsely impersonate a certificate holder or registrant; '' c) ❑Present as his/her own the certificate or registration of another; , -'. ar k d) I3 Knowingly give false or forged evidence to the Board or a member thereof; t t ' - e) ❑Use or attempt to use a certificate or registration which has been suspended ,,,,® _ or revoked;t�/✓i%Ch;1Sh 4 /Pa 4:44914 eiYii'p t . `, ' f) LI'JEtigage in the business or act in the capacity of a Contractor or advertise self Z :. or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; ry g) CI Operate a business organization engaged in contracting after(60)days h) ❑Commence,or perform work'for which a building permit is required littlat•ill;"14::,::44'0,:-.;;:11 . pursuant to an adopted state minimum.building,code or without such permitb ', ' being in effect; o- i) ❑Willfully or deliberately disregard or violate any Collier County ordinance -- N 4, ' relating to uncertified or unregistered contractors. A person dr business organisation operating on an inactive or suspended certificate, ;,r V or registration,or operating beyond the scope of work or geographical scope of the , ' registration,is not duly certified or registered. ftre x C!"RT//74'94,: fly/G "1:14%..i.. .---e--‘...12......., .:::.--*' . SIGNATURE((RECIPIENT) ., . SIGNATURE(INVESTIGATOR) ,. ;"' 7G/t;' /[70 0000 61141/ doh' .�'��r//P.f/= ;' PRINT(RECIPIENTS NAME) 4 7/'/ PRINT(INVESTIGATOR'S NAME) ga,i - - E �` -'k Pursuant to 489.127,Florieta Statues,willful refusal to sign and accept this citation , constitutes a misdemeanor of the second degree,punishable as provided in section . 4y '' 775.082 or 775.083 Florida Statutes. »v ; (SEE REVERSE FOR INSTRUCTIONS) '; p�� G /fit �4 37 f>r n Coft4/r 1 'L G ,, , COLLIER COUNTY CONTRACTORS LICENSE , Scanned by CamScanner To: Mr.Steven A.Grillo(DBA)Gold Coast Roofing&Concrete LLC From: Collier County Contractor Licensing Compliance. Subject:CITATION 11067 Unlicensed Roofing Contracting. An investigation has been conducted involving Mr.Steven A.Grillo(DBA)Gold Coast Roofing&Concrete LLC.It has been determined that Mr.Steven A.Grillo who is the owner and CEO of National Catastrophe Insurance Claims Experts Inc.who is doing business as Gold Coast Roofing&Concrete LLC,in Collier County is not licensed as a roofing contractor within the Collier County or the State of Florida. Mr.Grillo has been found to be in violation of Florida Statute 489.127"Falsely hold himself or herself or a business.' organization out as a licensee,certificate holder,or registrant"and Collier County Contractors License Ordinance 2006-46 as amended,"Engage in the business or act In the capacity of a contractor or advertise self of business,organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified". Please read and follow the directions of the reverse side of the citation to pay,abate or contest your citation. If you have any questions please feel free to contact me. V/R Joseph P.Nourse Contractor License Compliance Officer. Collier County Growth Management. Naples Fl. 4 _ � J Scanned by CamScanner 11/17/2017 USPS.com®-USPS Tracking®Results USPS Tracking® FAQs > (http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70161970000068645714 Remove X Your item was picked up at the post office at 12:01 pm on November 6, 2017 in BOCA RATON, FL 33431. G Delivered November 6, 2017 at 12:01 pm DELIVERED, INDIVIDUAL PICKED UP AT POST OFFICE BOCA RATON, FL 33431 Get Updates u Text & Email Updates Tracking History Product Information u See Less ^ Can't find what you're looking for? Go to our FAQs (http://faq.usps.com/?articleld=220900) section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction?tLabels=70161970000068645714 1/3 11/17/2017 USPS.com®-USPS Tracking®Results The easiest tracking number is the one you don't have to know. With Informed Delivery®, you never have to type in another tracking number. Sign up to: • See images* of incoming mail. • Automatically track the packages you're expecting. • Set up email and text alerts so you don't need to enter tracking numbers. • Enter USPS Delivery InstructionsTM for your mail carrier. Sign Up (https://reg.usps.com/entreg/Reg istrationAction_input? *NOTE: Black and white (grayscale) images show the outside, front of letter-sized envelopes and mailpieces that are processed4RWM Ri N91gtuatit64A3l ° %2F%2Ftools.usps.com%2Fgc (https://www.usps.com/) https://tools.usps.com/go/TrackConfirmAction?tLabels=70161970000068645714 2/3 11/17/2017 USPS.com®-USPS Tracking®Results HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy (https://www.usps.com/help/welcc(httout.usps.com/) (https)/gateway.usps.com/) (http://about.usps.com/who-we- Site Index Newsroom Postal Inspectors are/privacy-policy/privacy-policy- (https://www.uses.com/globals/sit(kIttpJ/about.usps.com/news/welc(httostalinspectors.uspis.goAghlights.htm) index.htm) USPS Service Updates Inspector General Terms of Use FAQs(http://faq.usps.com/) (http://about.usps.com/news/servithttp://www.uspsoig.gov/) (httpJ/about.usps.com/termsofuse.htm; alerts/welcome.htm) Postal Explorer FOIA Forms&Publications (http://pe.usps.gov/) (http://about.usps.com/who-we- (http://about.usps.com/forms- National Postal Museum are/foia/welcome.htm) publications/welcome.htm) (http://www.postalmuseum.si.edu/No FEAR Act EEO Data Government Services Resources for Developers (http://about.usps.com/who-we- (https://www.usps.com/gov- (https://www.usps.com/webtools/wEdinvAlmhtp*t/welcome.htm) services/gov-services.htm) Careers (http://about.usps.com/careers/welcome.htm) Copyright©2017 USPS.All Rights Reserved. (https://www.facebook.com/USPS?rf=108501355848630) (https://twitter.com/usps) (http://www.pinterest.com/uspsstamps/) (https://www.youtube.com/usps) https://tools.usps.com/gofTrackConfirmAction?tLabels=70161970000068645714 3/3 Nicole Frei From: Nicole Frei <nicole@kfjlaw.com> Sent: Monday, November 20, 2017 9:49 AM To: 'steve@goldcoastrc.net' Cc: 'Peter Fisher' Subject: Unlicensed Roofing Contracting Attachments: Itr to Collier Co. Contractor Lic. Board 11.20.17.pdf Attached please find correspondence and referenced enclosures from Attorney Peter Fisher to the Collier County Contractor's Licensing Board. Nicole S. Frei Litigation Administrator Parale,al to Kevin F. Jursinski , Law(Alice of � KEVIN F JURSINSKI ...• ��' &ASscclates 15701 South Tamiami Trail Fort Myers, Florida 33908 (239)337-1147—telephone/(239)337-5364 —facsimile ************************************************** This message(and/or the attachments accompanying this message)is the property of The Law Office of Kevin F.Jursinski&Associates. It may be legally privileged and/or confidential and is intended only for the use of the addressee(s). No addressee should forward,print,copy,or otherwise reproduce this message in any manner that would allow it to be viewed by an individual not originally listed as a recipient. If the reader of this message is not the intended recipient,you are hereby notified that any unauthorized disclosure,dissemination,distribution,copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received this communication in error,please immediately notify the sender and delete this message. 1 ..smrviar coNSTRUcrt0N Meeting Minutes Call to order, A meeting of Brinmar Construction and Development Group,LTD.was held at 224 Datura Street,West Palm Beach, FL 33401 on October 2,2017. Attendees Attendees included Yuri March and Lath A.March. Members not in attendance There were no members not in attendance. Approval of minutes There were no meeting minutes to approve. Reports There were no corporate reports reviewed. Unfinished business There was no unfinished business discussed. New business An approved motion to add Steve Grillo as both managing member of the Limited Liability Group and Operations Manager for BrinMar Construction and Development,LTD. An approved motion to authorize Steve Grillo to establish an operating and payroll expense bank account in the name of BrinMar Construction and Development, LTD. An approved motion to authorize Steve Grillo to grant permissions as he deems appropriate for persons at Project Management level to execute service contracts. An approved motion to authorize Steve Grillo to manage the day-to-day operations associated with Naples operations to expire December 1,2018. P . . 1 1C) 3 17 Operations Assistant Date BrinMar CONSTRUCTION Meetktig Minutes Call to order A meeting of Brinmar Construction and Development Group,LTD.washed at 224 Datura Street West Palm Beach, FL 33401 on October 2,2017. Attendees Attendees included Yuri March and Lacl A.March. Members not in attendance There were no members not in attendance. • Approval of minutes There were no meeting minutes to approve. Reports There were no corporate reports reviewed. Unfinished business There was no unfinished business discussed. New business An approved motion to add Steve Grillo as both managing member of the Limited Liability Group and Operations Manager for BrinMar Construction and Development,LTD. An approved motion to authorize Steve Grillo to establish an operating and payroll expense bank account in the name of BrinMar Construction and Development, LTD. An approved motion to authorize Steve Grillo to grant permissions as he deems appropriate for persons at Project Management level to execute service contracts. An approved motion to authorize Steve Grillo to manage the day-to-day operations associated with Naples operations to expire December 1,2018. . .0 de(/j)4 , 1O13/17 Operations Assistant Date BrinMar CONSTRUCTION Your Community Friendly Contractor Know Your Contractor In A Nutshell • You can confirm that your contractor has a valid and current license with the state of Florida and that they are also licensed to do contracting work in the county/city where your property is located. • It is required and you can confirm that they are properly insured - Workers' Compensation, General Liability and Property. • Have they ever filed for bankruptcy protection?You can search for complaints lodged against them, check out their references. Your Contractor and Their License Generally, if you pay someone to construct a building or a structure, make structural alterations to load bearing walls, or perform services such as plumbing or air conditioning work, that person has to have a state contractors' license. www.brinmarelite.com CGC1511460 . ^ The following contractor categories require a state license: general; building; residential; sheet metal; roofing; air-conditioning; mechanical; swimming pool/spa; plumbing; underground utility and excavation; solar; and pollutant storage. If a contractor obtans a local, county or city contracting license they can only practice contracting in that county or city, they must also obtain a "registration license" from the state of Florida. If the contractor completes the state contractor's exam, in addition to meeting other requirements, they can apply for a state "certified license", which allows them to work at contracting throughout the state. For more information on the classifications of contractors visit the Construction Industry Licensing Boardwebsite. Some counties and cities require that state certified contractors be licensed to do business within their jurisdiction. You can check with your local Building Department, both city and county, to determine what licenses a state certified contractor needs to work in the area where your property is located. Keep in mind that a local contractor license is different than a county or city issued Occupational License. Some unlicensed contractors will show you an Occupational License and offer it as a contractor's license. If they are licensed locally as a contractor they are still required to have a state registration license, they should show you that one. An Occupational License is not a regulatory license or a certificate of competency, but a tax for the privilege of engaging in a business, profession or occupation. It does not equate to a contractors license. The person who installs a new driveway or pavers does not require a license from the state. However, if the contract for any type of construction work exceeds $2,500 the lien rights of the installer/paver or workman and the material supplier will be enforceable under the Construction Lien Law. For more information about what type of work requires a licensed contractor go to Department of Business & Professional Regulation (DBPR), "What Services Require a License?" How To Check If Your Contractor Has A Valid State License & If There Have Been Any Complaints Filed Against Them A Florida State certified or registered contractor is required to place his/her state license number on all contracts and proposals. You can call the Florida Department of Business & Professional Regulation (DBPR) at 850.487.1395. give them your contractors' name and address or license number and they will check if the license is valid and if any complaints have been filed against them. You can also go to the DBPRvvebsite: • Choose: Search by Name, click Search www.brinmarelite.com CGC1511460 • Fill in: Search by Individual Name information (Last then First Name) or Search by Organization/Establishment Name (the Company name) then click Search • Find your contractor by address or by the license number if you know it, or the license type (General, Plumber, Electrician etc.) • Is at least one of the addresses listed the same address that they gave to you? • Look at their Status in the far right hand column. Be careful of anything other than Current, Active. If they are not [unent. Active you will need to look further into their status and suitability to do the job. Will their license expire soon or after your job is completed? • How To Check If Their Workers' Compensation Insurance Is Current The failure to maintain workers' compensation coverage is grounds for the revocation of a contractor's license. You can make certain that your contractor is current as to their Worker's Compensation Insurance coverage at the Florida Department of Financial Services website: • Choose: Search by Employer Name, enter the Company's Name, click Search. If your contractor comes up with a proper name and address they are current for their insurance. Owners of companies are allowed to exempt themselves out of worker's compensation insurance coverage. You might find your contractor by "Search by Exemption Holder". • About General Liability Insurance A contractor is required to maintain public liability and property damage insurance. In order for them to receive an initial license, or to renew their license, they must submit an affidavit that attests to the fact that they have obtained the insurance in amounts required by the Construction Industry Licensing Board. • If you have determined that your contractor has a valid and active license it is reasonable to assume that he/she is current with their insurance requirement. You can ask that they provide you Proof of Insurance or a Certificate of Insurance as a further step to satisfy yourself that they are properly insured. Check credentials and disciplinary history Here's what you should look for: A contractor who has been in business for a while, someone who is licensed and registered (every state has different rules; check yours on contractors-license.org or ask your local building inspector), has insurance (liability; worker's comp), and has a solid reputation. www.brinmarelite.com CGC1511460 Make sure that they also have a clean bill of health from the Better Business Bureau and from your state's consumer protection agency. Think beyond price You're going to be spending a lot of time with this contractor, so when you make your decision,think about whether you feel comfortable with their personality, background, methods, and communication skills. Is everyone clear about the project at hand—everyone on the same page? If not,you could end up disappointed, frustrated, and possibly out several thousand dollars beyond what you budgeted for. Contract, contract, contract Every project should have a contract, no matter the size of the estimated work. Every detail about the project should be included in this contract—from a work timetable, (start and finish dates), to description of the work,to materials that will be used—right down to the brand or make of the fixtures—to the payment schedule and everything in between, including a time limit for fixing defects. Contracts ensure that if a dispute arises, it can be dealt with in a timely manner. How you pay a contractor is as important as how much Don't pay a contractor more than 35 percent upfront. Make periodic payments as the contractor completes certain portions of the project, expecting to make an average of three payments per project, and dangling a significant amount—at least 10 percent—to be paid only when the job is completed to your satisfaction. This is the best way to ensure that the work gets done when and how you want it. Your Design Specialist will instruct you on how to proceed relative to verifying references and past work performance. All licensee information is public record and available to you at your convenience. Attached is a copy of current General Liability and Worker's Compensation Insurance. BrinMar Construction Thanks You For Your Business! ! ! www.brinmarelite.com CGC1511460 EMPLOYMENT AND NON-COMPETE AGREEMENT This Agreement entered into this *7 day of tpcmis,az, 2017, by and between BRINMAR CONSTRUCTION, INC., a Florida corporation (hereinafter referred to as "Employer") and STEVEN GRILLO (hereinafter referred to as "Employee"). RECITALS A. WHEREAS, Employer is a Florida licensed general contractor, holding general contractor license #CGC I 511460. B. WHEREAS, Employee is an experienced roofer, having knowledge and expertise in the field of residential and commercial roofing, as well as, having access to a number of qualified individuals who have experience in undertaking roofing repairs. C. WHEREAS, Employee does not hold a State of Florida General Contractors license or State of Florida Rooting license, D. WHEREAS, Employer desires to provide roof repair and roof replacement services in Southwest Florida to both residential and commercial property owners and provide such services in compliance with that certain Emergency Order entered on September 15. 2017, by Governor Rick Scott/DBPR Emergency Order 2017-07396 ("Order"). E. WHEREAS, Employer desires to be in compliance with such Order and utilize its general contracting license to provide emergency repairs in accordance with the Order signed by Governor Scott as above set forth. F. WHEREAS, Employer and Employee acknowledge that in order for Employer to be successful in providing quality roofing services, it will need the expertise and knowledge of Employee to provide consulting as far as roof repair and roof replacement, as well as, Employee's referral of qualified individuals to perform the roofing work. G. WHEREAS. Employer and Employee desire to memorialize their agreement and identify the terms and conditions of this Independent Contractor Agreement to effectuate the intent as set forth in the recitals above. H. WHEREAS, Employer has retained the services of Employee to act as an Employee as well as to be involved in the managerial sales capacity of Employer's Business. I. WHEREAS, Employer and Employee wish to memorialize this acknowledgement, along with identifying certain specific employment benefits available to Employee, inclusive of the Employee's compensation package and benefits. Employment and Non-Compete Agreement BrinMar Construction —.Steve Grillo 1 NOW THEREFORE and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the Parties hereby agree as follows: 1. That the above recitals are true and correct, reflect the intent of the Parties in entering into this Agreement and are specifically material and binding upon the Parties to this Agreement. 2. Employment. Beginning with the Effective Date and continuing throughout the term of this Agreement ("Employment Term"), the Employee shall be employed by Employer as a managerial sales representative, as such, shall render services and shall perform such employment duties as may be delegated or assigned to Employee by Employer in the ordinary course of the EmOloyer's Business, 3. Employment Term. Except as herein otherwise provided, the Employee's employment hereunder shall initially be for an unlimited period of time commencing on the Effective Date of this Agreement and continuing as long as employed. Either Employee or Employer can terminate this Agreement with two (2) week notice. 4. Compensation. In consideration for the services of the Employee hereunder as one of the Employer's employees, the Employer will pay the Employee compensation ("Compensation") as more particularly provided in this section. 4.1 ff 940 gt ,..e.d.e.ch iV 42 5-17 cra (....421,-c.• . s Afry,e,‘ (7-6,14 411 Si-it& f 4:SO4_S 404-, // fr c76, ct,er 4.3 4.4 — 5. Representations of Employee. During the Employment Term, the Employee shall utilize his/her best efforts, skills and abilities to promote the interest of the Employer. Such efforts shall include, but not limited to, actions designed to induce the referral of customers for the performance of the job duties delegated to Employee by Employer, the marketing and promotion of the Employer's Business, the actions taken to build a business reputation of Employer in Employer's market place. In rendering services for the Employer, the Employee will comply with the policies, standards. rules and regulations now established or hereinafter established, provided same do not violate law or are inconsistent with the obligations taken under by Employee. 6. Full Time Employment. '['he employment of the Employee is intended to be of a full time nature, and the Employee shall devote his/her full time and energies to the Employment and Non-Compete Agreement BrinMar Construction Steve Grillo 2 • Employer's Business. The total minimum hours which Employee shall devote to Employer's Business each week is thirty five (35) hours (subject to any sick days or vacation days as set forth hereinbelow). This includes Monday thru Friday from 9am until 4pm. During the Employment Term, the Employee shall not engage in or carry on or he employed by, directly or indirectly, any other business or profession without the consent of Employer. 7. Facilities. The Employer, at its expenses, shall provide the Employee with such office space, furniture, fixtures, equipment, and supplies as may be reasonably necessary in Employer's discretion for the Employee to engage in performing Employee's duties hereunder. If. at any time, such office space, furniture, fixtures, equipment, supplies, facilities or services should appear to be inadequate, the Employee shall report the inadequacy to the Employer in writing and, if determined inadequate by the Employer, the inadequacy shall be corrected. 8. Medical Insurance. Employer does not provide any medical insurance for Employee as of the Effective Date. This may be amended at a later time upon consent and agreement of Parties. 9. Vacation and Sick Leave. The Employee shall be permitted leaves of absence during each year of the Employment Term for vacations and for absence due to bona fide illness or injury, during which time the Employee's Compensation shall continue in full up to the maximum number of days set forth hereinbelow. 10. Scheduling of Vacations. Vacations shall'be schedules and taken at time which are most convenient to the Employer, taking into consideration seasonal fluctuations in the demand for professional services upon the Employer's Business and the vacations and other leaves of absence of the other of the Employer's Employees. 11. Duration of Vacations. The maximum number of days of vacation during the Initial Compensation Term shall be five (5) business days. 12. Sick Leave. The maximum number of says of sick leave during each year of Employment Term shall not exceed five (5) days, all sick leave utilized during such year, exceeding five (5) days, shall be charged against the Employee's allowable vacation days for that year. Sick leave does not start to accrue until after ninety (90) days from the Effective Date. 13. Forfeiture of Unused Time. Unused vacation or sick leave for any year of the Employment Term shall be forfeited in the event of the termination of the Employee's employment hereunder or on the last day of the Initial Term. Employment and Non-Compete Agreement BrinMar Construction- Steve Grillo 3 14. Termination of Employment. The Employee's employment by the Employer as one of the Employer's Employees shall be terminated upon the occurrence of an event described in the following Sections and, in the event of termination,the rights and responsibilities of the Employer and the Employee shall be as more particularly provided in the following Sections, 15. Termination for Cause. During the term of this Agreement and any renewal thereof, the Employee's employment may he terminated by the Employer without advance notice (except as otherwise stated below) for good cause. For these purposes, good cause shall include, without limitation, any of the following matters and things: 15.1 The failure on the part of the Employee to render services for the Employer as herein provided in any material respect, or continue to violate any reasonable rule or regulation of the Employer, if not corrected within five (5) days of written notice to Employee of such failure (or if such failure is of a nature that it cannot be corrected within five (5) days of written notice to Employee of such failure (or if such failure is of a nature that it cannot be corrected within such five (5) day period, such cure period shall be extended to allow Employee in good faith to diligently cure such failure; however, such extension shall not extend beyond thirty (30) days without Employer's prior written consent, which will not be unreasonably withheld); 15.2 Actions of Employee involving dishonesty, theft, or moral turpitude, or conviction of any crime other than minor traffic offenses; 15.3 Substantial dependence, as determined by the Board of Directors of Employer, on any addictive substance, including but not limited to, alcohol, amphetamines, barbiturates, LSD or narcotic drugs; 15.4 The inability of the Employee, for any reason, to render services contemplated herein for more than twenty(20) consecutive days; 15.5 The death of the Employee; 15.6 Violating the confidentiality of the non-compete agreement, 16. Termination Without Cause, The Employee's employment may be terminated by Employer without cause either by giving.Employee written notice thereto. In the event of termination without cause, Employer shall still he required to pay Employee compensation hereunder for a period of two (2) weeks and maintain Employee's benefits for a two (2) week period. Employment and Non-Compete Agreement BrinMar Construction—Steve Grillo 4 17. Service During interim. Between the date of such notice and the Effective Date of such termination, the Employee shall continue to render services as one of the Employer's Employees as more particularly set forth in this Agreement. 18. Advancement of Effective Date, The Employer shall have the right to accelerate or advance the effective date of such termination to any intermediate date by giving the Employee written notice of advanced effective date thereof, 19. No Compensation Upon Termination for Termination With Cause. In the event of the termination of the employment of the Employee by Employer for cause, only that Compensation accruing to the Employee as of the effective date of such termination shall be payable by the Employer to the Employee. Employer shall not be required to provide Employee with any advance notice of termination if it is for cause. 20. Confidential and 'Frade Secret information, The Employee recognizes that during the course of Employee's employment, Employee will receive and make use of confidential information and trade secrets relating to Employer's Business and customers. The employer's confidential information and trade secrets include, but are not limited to, the Employer's marketing, financial, personnel, vendor and sales records, computer software, files and programs, estimating pricing and bidding formulas, business plans, maintenance and service plans, customers and prospective customer lists, including names and addresses and other personalized information regarding the Employer's customers and prospective customers, and all other proprietary information. The Employee will not, for any reason, at any time during or for three (3) years following the voluntary or involuntary termination of employment, disclose to any person, firm, entity, or corporation, either directly or indirectly, or use to gain an unfair competitive advantage, any such confidential information or trade secrets. The Employee further agrees that the Employer shall have the protection of the Uniform Trade Secrets Act, 688.001 et seq., Florida Statutes, in addition to any protection provided by this Agreement with respect to confidential information and trade secrets. 21. Solicitation of Customers. During the term of the Employee's employment and for a period of three(3) years immediately following Employee's voluntary or involuntary termination, the Employee will not contact any customer of the Employer for the purpose of soliciting, diverting, servicing, providing or selling any product or service sold or provided by the Employer within the United States and Puerto Rico, whether it be directly or indirectly for Employee, on behalf of, or in conjunction with, any competing business. Employee shall not disrupt or in any way interfere with Employer's relationships with its customers. Employment and 'Non-Compete Agreement BrinMar Construction Steve Grillo S • 22. Attorney Fees. In an action to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its costs and attorney fees from the other party, 23. Effective Date. The Employee understands that this Agreement shall be effective when signed by Employee and that the terms of this Agreement shall remain in full force and effect both during Employee's employment by the Employer and after the voluntary or involuntary termination of Employee's employment. 24. Choice of Law Venue. The interpretation and enforcement of this Agreement shall be governed by and construed under the laws of the State of Florida. Any legal action brought to enforce the terms, conditions or covenants of this Agreement may be brought solely and exclusively in Lee County, Florida and Employee expressly waives any right to venue in any other county, 25. Independent Covenants. The Parties agree that each section of this Agreement is intended as a separate and divisible covenant, and if anyone is held to be invalid or unenforceable, neither the validity nor the enforceability of the other shall he affected. If a Court of competent jurisdiction shall determine that any provision hereinabove are an unreasonable restriction upon the Employee, the Employee agrees that the provisions(s) shall be construed as applicable for the maximum period of time and geographical area for which it may be enforced, 26. Entire Agreement, This Agreement contains the entire understanding between the Parties, and supersedes all prior agreements, and may not be changed or amended except by an agreement in writing signed by the Parties hereto, 27. Covenants Survive Terminathn of Ajeement. The Parties agree that the covenants and agreements contained in this instrument shall survive termination of this Agreement to the extent and for the periods provided, 28. No Waiver of Breach. Employer's waiver of any breach of any provision of this Agreement by the Employee shall not operate or be construed as a waiver of any subsequent breach by Employee. 29. Employee Understanding, The Employee has read this Agreement. understands it, and enters into it voluntarily, • (this space intentionally left blaniq Employment and'Non-Compete Agreement BrinMar Construction Steve Grillo 6 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day, month,and year first above written. Witnesses: Company: BRINMAR CONSTRUCTION,INC., a Florida corporation Btc„ZeLA: Signature • 1--"b M.Afe-e..44 - As Its: Printed Name Signature Printed Name Emplo , e: A I fr • Air Signature VEN GRILLO Gr. Printed Name (70.42e44-AAA- Signature L—A-1)/ AA. ACH Printed Name • Employment and Non-Compete Agreement BrinMar Construction — Steve Grillo 7 EMPLOYMENT AND NON-COMPETE AGREEMENT This Agreement entered into this /4157 day of c;-r06457Z, 2017, by and between BRINMAR CONSTRUCTION, INC., a Florida corporation (hereinafter referred to as "Employer") and STEVEN GRILLO (hereinafter referred to as "Employee"). RECITALS A. WHEREAS, Employer is a Florida licensed general contractor, holding general contractor license #CGC 151 1460. B. WHEREAS, Employee is an experienced roofer, having knowledge and expertise in the field of residential and commercial roofing, as well as, having access to a number of qualified individuals who have experience in undertaking roofing repairs. C. WHEREAS, Employee does not hold a State of Florida General Contractors license or State of Florida Roofing license: D. WHEREAS, Employer desires to provide roof repair and roof replacement services in Southwest Florida to both residential and commercial property owners and provide such services in compliance with that certain Emergency Order entered on September 15. 2017, by Governor Rick Scott/DBPR Emergency Order 2017-07396 ("Order"). E. WHEREAS, Employer desires to be in compliance with such Order and utilize its general contracting license to provide emergency repairs in accordance with the Order signed by Governor Scott as above set forth. F. WHEREAS, Employer and Employee acknowledge that in order for Employer to be successful in providing quality roofing services, it will need the expertise and knowledge of Employee to provide consulting as far as roof repair and roof replacement, as well as, Employee's referral of qualified individuals to perform the roofing work. G. WHEREAS, Employer and Employee desire to memorialize their agreement and identify the terms and conditions of this Independent Contractor Agreement to effectuate the intent as set forth in the recitals above. H. WHEREAS, Employer has retained the services of Employee to act as an Employee as well as to be involved in the managerial sales capacity of Employer's Business. I. WHEREAS, Employer and Employee wish to memorialize this acknowledgement, along with identifying certain specific employment benefits available to Employee, inclusive of the Employee's compensation package and benefits. Employment and Non-Compete Agreement BrinMar Construction —Steve Grillo 1 NOW THEREFORE and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the Parties hereby agree as follows: 1. That the above recitals are true and correct, reflect the intent of the Parties in entering into this Agreement and are specifically material and binding upon the Parties to this Agreement. 2. Employment. Beginning with the Effective Date and continuing throughout the term of this Agreement ("Employment Term"), the Employee shall be employed by Employer as a managerial sales representative, as such, shall render services and shall perform such employment duties as may he delegated or assigned to Employee by Employer in the ordinary course of the Employer's Business. 3, Employment Term. Except as herein otherwise provided, the Employee's employment hereunder shall initially be for an unlimited period of time commencing on the Effective Date of this Agreement and continuing as long as employed. Either Employee or Employer can terminate this Agreement with two (2) week notice. 4. Compensation. In consideration for the services of the Employee hereunder as one of the Employer's employees, the Employer will pay the Employee compensation ("Compensation") as more particularly provided in this section. 4.1 9 GO' gt 4.2 ç7t2 4/7. 4 ‘4,..ie‘ fr ,‘ ail S4 itS eCSO't co, 4. 3 de ' ..e4". gt:Pwm. 4.4 5. Representations of Employee. During the Employment Term, the Employee shall utilize his/her best efforts. skills and abilities to promote the interest of the Employer. Such efforts shall include, but not limited to, actions designed to induce the referral of customers for the performance of the job duties delegated to Employee by Employer, the marketing and promotion of the Employer's Business, the actions taken to build a business reputation of Employer in Employer's market place. In rendering services for the Employer, the Employee will comply with the policies, standards. rules and regulations now established or hereinafter established, provided same do not violate law or are inconsistent with the obligations taken under by Employee. 6. Full Time Employment. The employment of the Employee is intended to be of a full time nature, and the Employee shall devote his/her full time and energies to the Employment and Non-Compete Agreement BrinMar Construction Steve Grillo 2 Employer's Business. The total minimum hours which Employee shall devote to Employer's Business each week is thirty five (35) hours (subject to any sick days or vacation days as set forth hereinbelow). This includes Monday thru Friday from 9am until 4pm. During the Employment Term. the Employee shall not engage in or carry on or be employed by. directly or indirectly, any other business or profession without the consent of Employer. 7. Facilities. The Employer, at its expenses, shall provide the Employee with such office space, furniture, fixtures, equipment, and supplies as may be reasonably necessary in Employer's discretion for the Employee to engage in performing Employee's duties hereunder. If, at any time, such office space, furniture, fixtures, equipment, supplies, facilities or services should appear to be inadequate, the Employee shall report the inadequacy to the Employer in writing and, if determined inadequate by the Employer, the inadequacy shall be corrected. 8. Medical Insurance. Employer does not provide any medical insurance for Employee as of the Effective Date. This may be amended at a later time upon consent and agreement of Parties. 9. Vacation and Sick Leave, The Employee shall be permitted leaves of absence during each year of the Employment Term for vacations and for absence due to bona fide illness or injury, during which time the Employee's Compensation shall continue in full up to the maximum number of days set forth hereinbelow. 10. Scheduling of Vacations. Va.cations shall'be schedules and taken at time which are most convenient to the Employer, taking into consideration seasonal fluctuations in the demand for professional services upon the Employer's Business and the vacations and other leaves of absence of the other of the Employer's Employees. 11. Duration of Vacations. The maximum number of'days of vacation during the Initial Compensation Term shall be five (5) business days. 12. Sick Leave. The maximum number of says of sick leave during each year of Employment Term shall not exceed five (5) days, all sick leave utilized during such year, exceeding five (5) days, shall be charged against the Employee's allowable vacation days for that year. Sick leave does not start to accrue until after ninety (90) days from the Effective Date, 13. Forfeiture of Unused Time. Unused vacation or sick leave for any year of the Employment Term shall be forfeited in the event of the termination of the Employee's employment hereunder or on the last day of the Initial Term. Employment and Non-Compete Agreement BrinMar Construction- Steve Grillo 3 14. Termination of Employment. The Employee's employment by the Employer as one of the Employer's Employees shall be terminated upon the occurrence of an event described in the following Sections and, in the event of termination. the rights and responsibilities of the Employer and the Employee shall be as more particularly provided in the following Sections, 15. Termination for Cause. During the term of this Agreement and any renewal thereof, the Employee's employment may be terminated by the Employer without advance notice (except as otherwise stated below) for good cause. For these purposes, good cause shall include, without limitation, any of the following matters and things: 15.1 The failure on the part of the Employee to render services for the Employer as herein provided in any material respect, or continue to violate any reasonable rule or regulation of the Employer, if not corrected within five (5) days of written notice to Employee of such failure (or if such failure is of a nature that it cannot be corrected within five (5) days of written notice to Employee of such failure (or if such failure is of a nature that it cannot be corrected within such five (5) day period, such cure period shall be extended to allow Employee in good faith to diligently cure such failure; however, such extension shall not extend beyond thirty (30) days without Employer's prior written consent, which will not be unreasonably withheld); 15.2 Actions of Employee involving dishonesty. theft, or moral turpitude, or conviction of any crime other than minor traffic offenses; 15.3 Substantial dependence, as determined by the Board of Directors of Employer, on any addictive substance, including but not limited to. alcohol, amphetamines, barbiturates, LSD or narcotic drugs; 15.4 The inability of the Employee, for any reason, to render services contemplated herein for more than twenty(20) consecutive days; 15.5 The death of the Employee: 15.6 Violating the confidentiality of the non-compete agreement. 16. Termination Without Cause. The Employee's employment may be terminated by Employer without cause either by giving.Employee written notice thereto. In the event of termination without cause, Employer shall still be required to pay Employee compensation hereunder for a period of two (2) weeks and maintain Employee's benefits for a two (2) week period. Employment and Non-Compete Agreement BrinMar Construction —Steve Grillo 4 • • 17. Service During Interim. Between the date of such notice and the Effective Date of such termination, the Employee shall continue to render services as one of the Employer's Employees as more particularly set forth in this Agreement. 18. Advancement of Effective Date, The Employer shall have the right to accelerate or advance the effective date of such termination to any intermediate date by giving the Employee written notice of advanced effective date thereof, 19. No Compensation Upon Termination for Termination With Cause. In the event of the termination of the employment of the Employee by Employer for cause, only that Compensation accruing to the Employee as of the effective date of such termination shall be payable by the Employer to the Employee. Employer shall not be required to provide Employee with any advance notice of termination if it is for cause. 20. Confidential and Trade Secret Information. The Employee recognizes that during the course of Employee's employment, Employee will receive and make use of confidential information and trade secrets relating to Employer's Business and customers. The employer's confidential information and trade secrets include, but are not limited to, the Employer's marketing, financial, personnel, vendor and sales records, computer software, files and programs, estimating pricing and bidding formulas, business plans. maintenance and service plans, customers and prospective customer lists, including names and addresses and other personalized information regarding the Employer's customers and prospective customers. and all other proprietary information. The Employee will not, for any reason, at any time during or for three (3) years following the voluntary or involuntary termination of employment, disclose to any person, firm, entity, or corporation, either directly or indirectly, or use to gain an unfair competitive advantage, any such confidential information or trade secrets. The Employee further agrees that the Employer shall have the protection of the Uniform Trade Secrets Act, 688.001 et seq., Florida Statutes, in addition to any protection provided by this Agreement with respect to confidential information and trade secrets. 21. Solicitation of Customers. During the term of the Employee's employment and for a period of three(3) years immediately followin2 Employee's voluntary or involuntary termination, the Employee will not contact any customer of the Employer for the purpose of soliciting, diverting, servicing, providing or selling any product or service sold or provided by the Employer within the United States and Puerto Rico, whether it be directly or indirectly for Employee, on behalf of, or in conjunction with, any competing business. Employee shall not disrupt or in any way interfere with Employer's relationships with its customers. Employment and Non-Compete Agreement BrinMar Construction Steve Grillo S 22. Attorney Fees. In an action to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its costs and attorney fees from the other party. 23. Effective Date. The Employee understands that this Agreement shall be effective when signed by Employee and that the terms of this Agreement shall remain in full force and effect both during Employee's employment by the Employer and after the voluntary or involuntary termination of Employee's employment. 24. Choice of Law Venue. The interpretation and enforcement of this Agreement shall be governed by and construed under the laws of the State of Florida. Any legal action brought to enforce the terms, conditions or covenants of this Agreement may be brought solely and exclusively in Lee County. Florida and Employee expressly waives any right to venue in any other county. 25. Independent Covenants. The Parties agree that each section of this Agreement is intended as a separate and divisible covenant, and if anyone is held to be invalid or unenforceable, neither the validity nor the enforceability of the other shall be affected. If a Court of competent jurisdiction shall determine that any provision hereinabove are an unreasonable restriction upon the Employee, the Employee agrees that the provisions(s) shall be construed as applicable for the maximum period of time and geographical area for which it may be enforced. 26. Entire Agreement. This Agreement contains the entire understanding between the Parties, and supersedes all prior agreements, and may not be changed or amended except by an agreement in writing signed by the Parties hereto. 27. Covenants Survive Termination of Agreement. The Parties agree that the covenants and agreements contained in this instrument shall survive termination of this Agreement to the extent and for the periods provided. 28. No Waiver of Breach. Employer's waiver of any breach of any provision of this Agreement by the Employee shall not operate or be construed as a waiver of any subsequent breach by Employee, 29. Employee Understanding. The Employee has read this Agreement, understands it, and enters into it voluntarily. • (this space intentionally left blank} • Employment and Non-Coinpete Agreement BrinMar Construction—Steve Grillo 6 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day, month,and year first above written. Witnesses: Company: BRINMAR CONSTRUCTION,INC., a Florida corporation Signature , G; - 90E f&. - r - 60`o ^"ea- na • As its: Printed Name Signature Printed Name Emplo ,• •: - C .,.4t•"4/ 41111. Signature VEN GRILLO .iTt1G:-.i 1,D Printed Name ce. ,... ,eg ,--o-,-, Signature �..Prbi /4.4,ftritcoi ;ie e Printed Name Employment and Non-Compete Agreement BrinMar Construction — Steve Grillo 7