Date: 12/17/2019

Independent Contractor
Agreement MINOR PURCHASER

Dear Loreen Augustine:

The following shall constitute the agreement between us covering your independent
contractor relationship with Computer Evidence Specialists, LLC (“CES”) (“this Agreement”).
CES has been awarded a contract by the Food and Drug Administration (“FDA”) through our
prime contractor ISN, Corp. to carry out inspections of tobacco product retailers to enforce the
Tobacco Control Act and other associated Federal statutes. You will serve as a minor
purchaser to carry out compliance check inspection activities in Washington D.C.. You will
be under the direct supervision of a FDA commissioned Inspector, who is also a CES
contractor. The detailed terms of your independent contractor position consist of the following:

1. As a minor purchaser, accompanied by the FDA commissioned Inspector, you will

conduct inspections of retailers that sell regulated tobacco products to determine
compliance with the provisions of the statutes cited above. You will participate in the
conduct of compliance check inspections pursuant to undercover buy assignments of
tobacco products. You will submit your observations and inspection results to the
supervising Inspector and to the extent required assist in the collection of materials
and documents. In the event of a possible enforcement action by the FDA against a
particular retailer, you may be required to provide a declaration and/or give oral
testimony in a hearing. You are also required to be available to testify as witnesses in
administrative hearings for a minimum of five years after each inspection. Although
your identity is to remain as confidential as possible, in the event of a possible
enforcement or judicial action, your identity may have to be revealed and to such an
extent, this Agreement constitutes your consent to such disclosure. Finally, you are
required to provide CES current contact information on an annual basis for at least
five (5) years after the termination of this Agreement.

2. The term of this Agreement will be one (1) year, which will automatically renew on its
anniversary date. Both you and CES shall have the right to terminate this agreement
on five (5) days written notice, whether via email or letter. During the term of this
Agreement and any extension thereof, you will be paid at the hourly rate of $14.00 /
hour, as confirmed by individual job timekeeping records. These records will be
provided to CES through either its time collection process or timesheets submitted by
you to CES/ISN approximately twice a month. You will also be paid on a semi-
monthly basis, each payment based on the timesheet submitted for the prior
approximate 2-
 week period. Transportation to and from inspection locations will be provided by the
supervising Inspector.

3. CES will provide you a tax form 1099 consistent with your retention as an
independent contractor. Further, as an independent contractor, you will not be
governed by CES' Employee Handbook and its Policies and Procedures. It is also
agreed that under no circumstances will you be considered an employee of CES.

4. You will be required to provide a copy of your birth certificate and identification as
well as the original of a parental/legal guardian Consent form. The required
Consent form is attached to this Agreement. In the event you participate in the
compliance process, e.g. undercover buy assignments, during school hours, in
addition to your parents/legal guardians consent, you must also obtain the
permission of your school. Along with the consent form, your parent/legal guardian
will be required to sign a Medical Release authorizing emergency medical
treatment if necessary while under the supervision of the commissioned Inspector.
The form of Medical Release is attached to this Agreement.

5. In the event you leave the program, you will be required to confirm your contact
information annually for at least five (5) years. You will be required to provide a
current photograph and to cooperate with CES in updating the photograph with
frequent regularity prior to conducting any undercover buy assignments.

6. Washington D.C. prohibits the purchase or possession of tobacco products by a

minor. However, pursuant to D.C. law, a minor acting under the supervision of an
adult may engage in “controlled buys” for the purpose of testing compliance with a
federal law. Accordingly, you are immune from any violation of the Washington
D.C. prohibition regarding tobacco products.

7. Upon termination, you will return all documentation, credentials, equipment and/or
other materials, if any, that have been provided to you by the FDA, CES, ISN, or
any other third party connected to inspections. Since you are an independent
contractor, you do not have the right to claim unemployment compensation and
agree, along with your parents/legal guardians, not to assert any claim or file any
notice seeking such compensation. You agree that you are making this waiver with
full knowledge of its legal implications. In addition, this Agreement also constitutes
your certification that as an independent contractor, you are not entitled to
Workman’s Compensation benefits from CES.
 8. This Agreement includes the documents referenced therein and collectively makes
up the terms of this Agreement. This Agreement cannot be changed unless in
writing signed by both parties. This Agreement is governed by the laws of the State
of Florida the location of CES' principal office.

9. You will be expected to be available to perform the tasks described herein for a
minimum of 4-12 hours/week.

10. You agree to treat as confidential, information regarding inspection plans, inspection
procedures and the results of inspections conducted by you. Treating this
information as confidential means that you will not be permitted to place this
information on social media of any description or discuss it with any person other
than your parents.

THIS AGREEMENT CONTAINS MUTUAL BINDING OBLIGATIONS BETWEEN YOU AND

CES. ACCORDINGLY, YOU MUST REVIEW IT WITH YOUR PARENTS/LEGAL GUARDIAN,
SO THAT YOU FULLY UNDERSTAND ALL OF THE AGREEMENT’S TERMS AND
CONDITIONS. IN ADDITION, BECAUSE THIS AGREEMENT CONTAINS CERTAIN
WAIVERS OF POTENTIAL LEGAL RIGHTS, IE. UNEMPLOYMENT COMPENSATION, YOU
MUST REVIEW THESE WAIVERS AS WELL AND WE ENCOURAGE YOU TO DISCUSS
THEM WITH YOUR PARENTS/LEGAL GUARDIAN. YOU ACKNOWLEDGE THAT YOUR
SIGNATURE ON THIS AGREEMENT CONFIRMS YOUR COMPLETE UNDERSTANDING OF
EACH AND EVERY PROVISION HEREOF AND ANY ALL WAIVERS SET FORTH THEREIN.

AGREED: Computer Evidence Specialists, LLC

Loreen Augustine
By:
Minor Purchaser Justine Cronk

Loreen Augustine
I agree to the foregoing terms as the parent/legal guardian of ,
the Minor set forth in this Agreement:

Edna Etienne

Parent/Legal Guardian
Additional Information/Documents Required:

1. Current Photograph:
2. Birth Certificate:
3. Other Identification:
4. School Records:
NONDISCLOSURE AGREEMENT

A. Intending to be legally bound, I, Loreen Augustine , hereby accept the obligations

contained in this agreement in consideration of being granted conditional access to Computer
Evidence Specialists, LLC (CES) confidential and nonpublic information. For purposes of this
agreement, “confidential or nonpublic information” is defined as information generated by or in the
possession of CES that is commercially valuable, trade secret, market sensitive, proprietary,
related to an CES matter, subject to privilege, protected by the Privacy Act (5 U.S.C. § 552a), or
otherwise deemed confidential or nonpublic by an CES division director or office head, and is not
otherwise available to the public. This definition applies to confidential or nonpublic information in
any form, including documents, electronic mail, computer files, conversations, and audio or video
recordings. For purposes of this agreement, examples of confidential or nonpublic information
include corporate financial data that have not been made public.

B. I acknowledge that any conditional access to CES confidential and nonpublic information
granted to me is for the sole purpose of performing obligations under CES’ contract # 3158-01, to
provide tobacco retail inspections and related support services (the
“underlying agreement”). This agreement does not grant me access to information or materials
that CES determines in its sole discretion are inappropriate for disclosure.

C. If there is doubt as to whether a document or information is confidential or nonpublic, or

whether a proposed recipient of a document or information is an unauthorized person, I shall
request clarification from the project manager.

D. I acknowledge that disclosure of confidential or nonpublic information in violation of this

agreement could subject me to administrative, civil, or criminal action, as appropriate, under the
laws and regulations applicable to the information involved. Violation of this agreement may also
constitute a ground for termination of CES' underlying agreement, and/or suspension and
debarment from receiving future federal contracts. I understand that the United States
government may seek any remedy available to it to enforce this agreement, including but not
limited to application for a court order prohibiting disclosure of information in violation of this
agreement.

E. I hereby assign to CES all royalties, remunerations, and emoluments that have resulted, will
result, or may result from any personal business transaction inconsistent with the terms of this
agreement or any disclosure, publication, or revelation of confidential or nonpublic information
inconsistent with the terms of this agreement.

F. Each provision of this agreement is severable. If a court should hold any provision of this
agreement unenforceable, all other provisions shall remain in full force and effect.
G. I acknowledge that all conditions and obligations created by this agreement apply during the
performance of the underlying CES agreement and thereafter with respect to information that
remains confidential or nonpublic.
Loreen Augustine
Independent Contractor:

By:

Signature:

12/17/19
Date:

Contractor: Computer Evidence Specialists, LLC

By:

Signature:

Date: _
 PARENT/GUARDIAN CONSENT FORM

We are providing you this parental consent form to both inform you and to request permission for your
Child to participate in carrying out inspections of tobacco product retailers within the jurisdiction of your
Child’s residency on behalf of the Food and Drug Administration (“FDA”). The purpose of these
inspections is to enforce the Family Smoking Prevention and Tobacco Control Act (“Tobacco Control
Act”) and other federal tobacco regulations (“the FDA Program”). This parental consent form shall also
provide your consent to your Child participating in this program during school hours, although this is not
likely.

The requirements on your Child are set forth in the accompanying Independent Contractor Agreement.
This includes providing your Child’s photo/image and contact information as well as your Child’s identity
in the event of a possible enforcement or judicial action by the FDA and for use by Computer Evidence
Specialists, LLC (“CES”) for payroll purposes.

As you are aware, there are potential dangers associated with the acquisition of personally
identifiable information (“PPI”) and while we intend to maintain its confidentiality, we do not have
control over who may access such information from the FDA’s standpoint. Since the law requires that
we ask for your permission to use PPI about your Child, we hereby request your consent.

Pursuant to law, we will not release any PPI without prior written consent from you as parent or
guardian, except as noted herein. PPI includes your Child’s name, photo or image, residential address,
e‐mail address, phone numbers and locations and school.

This Consent also confirms your approval of your Child’s participation in this FDA Program and his
execution of the Independent Contractor Agreement that has been provided.

BY SIGINING THIS CONSENT, YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE REVIEWED EACH
AND EVERY PROVISION OF THE INDEPENDENT CONTRACTOR AGREEMENT WITH YOUR CHILD AND
HAVE CONCLUDED THAT HE/SHEFULLY UNDERSTANDS THE OBLIGATIONS SET FORTH THEREIN AS
WELL AS ANY AND ALL WAIVERS SET FORTH.

If you, as the parent or guardian, wish to rescind this Consent, you may do so at any time in writing by
sending a letter to CES at 5315 A1A South, St. Augustine, FL 32080.
Loreen Augustine
Child’s Name:(please print)
Edna Etienne
Print Name of Parent/Guardian:(print)

Signature of Parent/Guardian:)
mother
Relation to Child:
12/17/19
Date:
 MEDICAL RELEASE

Edna Etienne
I,

✔ Parent

Legal guardian

(Mark one)
Latasha Kelly
, hereby grant the Inspector, , the authority to obtain
Loreen Augustine
medical treatment for my Child .

The care provider is authorized to:

Obtain medical treatment and procedures for my Child as may be appropriate in

emergency circumstances, including treatment by physicians, hospital and clinic
personnel and other health care providers.
Obtain routine medical treatment from appropriate health care providers if symptoms
of illness occur (e.g. fever, coughing, irregular breathing, unusual rashes, swallowing problems,
etc.).
12/17/2019
This grant of temporary authority shall begin on , and shall remain effective

until terminated by the undersigned.

In case of an emergency, the care provider should first try to contact the parent(s) or legal guardian. If

the parent(s) or legal guardian cannot be reached, the care provider should then contact the following

person(s) in the order listed below:

Name:

Relationship to Child:

Address:

Place of Employment:

Preferred Phone Number:

 Alternate Phone Number:

If the Child becomes ill, the care provider shall first try to contact the parent(s) or legal guardian. If the

parent(s) or legal guardian cannot be reached, the care provider should contact the following physician:
Atiya Khan
Name of Physician:
14333 Laurel Bowie Rd # 303, Laurel, MD 20708
Address:

301) 725-4334
Phone Number:
Holy Cross Hospital
If the Child requires hospitalization, the preferred choice is:

Edna Etienne
Parent(s)/Legal Guardian

12/17/19
Date: