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OWNER OPERATOR AGREEMENT 2022

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ACTION EXPRESS INC / DBA ACEX
100 E Campus View Blvd, Ste 250
Columbus, OH 43235
MC: 27790
DOT: 3008470
SCAC: AXEH

Phone: (718) 360-9258
Fax: (718) 717-8515
hr@action-express.org
Before you proceed with this packet, make sure you meet the following requirements:
YOU SPEAK ENGLISH.
YOU ARE OVER 21 YEARS OLD.
MINIMUM OF 6 MONTHS OF EXPERIENCE IN EXPEDITING NO HISTORY OF
DUI.YOU OWN A 2008 OR NEWER VEHICLE.
YOUR VEHICLE DOESN’T HAVE TEMPORARY PLATES YOU OWN A SMART PHONE
WITHINTERNET.
Please complete and sign each document attached, make copies of the listed documents below and send
everything back together. Doing so will speed up your hiring process. Once everything is received,allow 2-4
business days for process. Thank you and we look forward to working with you.
Checklist:
Completed and signed INDEPENDENT OWNER/OPERATOR AGREEMENT.
Completed INFORMATION SHEET.
Completed and signed W-9 FORM.
Completed and signed both lines of the DRIVER’S APPLICATION (2 PAGES).
Copy of COMMERCIAL INSURANCE SHOWING ACTION EXPRESS INC DBA ACEX AS
ADDITONALINSURED INCLUDING A REQUIRED COVERAGE.
Copy of VEHICLE
REGISTRATION.Copy of
SOCIAL SECURITY CARD.
Copy of current DRIVER’S LICENSE.
Copy of a VOID CHECK FOR DIRECT DEPOSIT.
4 PICTURES OF YOUR VEHICLE (RIGHT/LEFT SIDE AND CARGO SPACE).
RECENT COPY OF YOUR DRIVING RECORD (5 years).
Please keep in mind all required documents must be sent together for the hiring process to begin.
Everything must be emailed to
hr@action-express.org
*INCOMPLETE PACKETS WILL NOT BE ACCEPTED*
Initials
INDEPENDENT OWNER/OPERATOR AGREEMENT
This agreement made this
day of
2022, between
ACTION EXPRESS INC / DBA ACEX 100 E Campus View Blvd, Suite 250 Columbus, OH 43235 (COMPANY) and
(OWNER/OPERATOR).
It is expressly agreed that Owner/Operator shall always be acting as an independent contractor in
performing any services for ACTION EXPRESS INC DBA ACEX.
ACTION EXPRESS INC / DBA ACEX shall carry no worker’s compensation insurance, or any health
or accident insurance to cover Owner/Operator, or any of his drivers. ACTION EXPRESS INC DBA ACEX
shall not pay any contribution to social security, unemployment insurance, federal or state withholding
taxes, nor provide any other contributions which might be expected in an employer-employee relationship.
Owner/Operator agrees
to report and pay any necessary amounts for worker’s compensation, taxes, unemployment insurance,
social security, health insurance and other benefits for himself and his drivers, and indemnify, defend and
hold harmless ACTION EXPRESS INC DBA ACEX.
All Owner/Operators agree that as to any work obtained through ACTION EXPRESS INC DBA ACEX
he will not discriminate against any driver or applicant for employment by reason of race, creed, color, sex
or national origin, or any protected group.
In this agreement you are not held obligated to work exclusively for ACTION EXPRESS INC DBA
ACEX. However, if you choose to, you will be provided additional agreement to sign.
I.
BASIC REQUIREMENTS:
A. YOU AND YOUR DRIVERS ARE NOT EMPLOYEES OF ACTION EXPRESS INC DBA ACEX.
B. YOU MUST PROVIDE A CERTIFICATE OF INSURANCE SHOWING ACTION EXPRESS INC
DBA ACEX AS ADDITIONAL INSURED
Must be an Accord form.
Commercial Auto Coverage: Trucking for Hire Operations.
$1,000,000 Primary Liability Commercial Auto CSL.
$100,000 Broad from Cargo with $1,000 deductible maximum.
Unlimited Radius of Operations (Full time with NO radius coverage restrictions) 200, 300 or 500
miles radius with a few runs outside this radius per year is NOT acceptable.
Certificate must also show listed Vehicles (Year, Make, VIN #) as well as all listed drivers.
C. YOU AND YOUR DRIVER(S) MUST ALL BE OVER THE AGE OF 21.
D. ALL DRIVERS MUST BE APPROVED AND REGISTERED WITH ACTION EXPRESS INC DBA
ACEX PRIOR TO ACCEPTING A LOAD.
E. YOU AND YOUR DRIVER(S) MUST NOT HAVE A DUI IN THE PAST 10 YEARS.
F. YOU MUST PROVIDE A DRIVING RECORD FOR 10 YEARS.
G. MUST HAVE A VALID DRIVER LICENSE FROM STATE OF RESIDENCE.
H. MINIMUM OF 6 MONTHS OVER THE ROAD DRIVING EXPERIENCE FOR ALL CARGO VANS,
SPRINTER VANS AND SMALL STRAIGHT BOX TRUCKS (UNDER 10,000 GVW).
I. MUST OWN A NATIONWIDE COVERAGE SMARTPHONE (iOS <iPhone> OR ANDROID) AND
KNOW HOW TO OPERATE IT.
J. MUST OWN AND KNOW HOW TO OPERATE A GPS SYSTEM.
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II.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
VEHICLE REQUIREMENTS:
ALL VEHICLES MUST BE YEAR 2008 OR NEWER.
MAINTENANCE MUST BE DONE REGULARLY.
VEHICLES WITH PAPER PLATES ARE NOT ACCEPTED.
MUST HAVE “FOR HIRE” OR “COMMERCIAL” PLATE.
TEMPORARY REGISTRATION WILL NOT BE ACCEPTED.
ALL VEHICLES MUST HAVE A MINIMUM OF 4 STRAPS.
ALL DECALS MUST BE REMOVED UNLESS THE COMPANY IS UNDER YOUR AUTHORITY.
IF YOU CHANGE THE VEHICLE YOU ARE SET UP WITH, YOU MUST LET THE COMPANY
KNOW PRIOR TO PUTTING THE VEHICLE ON THE ROAD. YOU MUST SEND NEW
REGISTRATION AND INSURANCE FOR THAT VEHICLE.
IF AT ANY REASON YOUR TRUCK HAS ANY SIGN WITH LOGO OF ANOTHER COMPANIES
THAT WILL CAUSE IMIDDIATE $300 FINE AND TERMINATION UNTILL PROBLEM IS
RESOLVED.
III.
GENERAL INFORMATION:
A. ACTION EXPRESS INC DBA ACEX RATE PER LOADED MILE (BASE PRICE) AS FOLLOWS
Cargo Van $0.75-$0.80.
Sprinter/Cube Van $0.80-$0.85.
Small Straight $0.90-$1.00.
Large Straight $1.25-$1.50.
The distance is measured form zip to zip, not from address to address.
Empty Miles are paid after 100 miles, rate per mile will be negotiated at the time of initial offer, not
after.
Rates are negotiable.
B. PRICE MUST BE DISCUSSED BEFORE YOU AGREE FOR A BID TO BE PLACED ON THE
LOAD, WHICH INCLUDE BUT IS NOT LIMITED TO
Extra pay for tolls.
Extra cents per mile due to the load exceeding your weight limit.
Short distance.
C. ACTION EXPRESS INC DBA ACEX WILL NOT PAY MORE IF EXTRA PALLETS/SKIDS ARE
ADDED AT THE SHIPPER AND IF FITS IN THE VEHICLE. YOUR EARNINGS ARE PER MILE,
NOT PER POUND. THEREFORE, IF THE SHIPMENT WAS CHANGED AND THE NEW WEIGHT
OR VOLUME FITS IN THE VEHICLE (AND CORRESPONDS TO THE PAYLOAD PROVIDED IN
THE INITIAL AGREEMENT) - THE UNIT MUST TAKE THE SHIPMENT. OTHERWISE IT RISKS
TERMINATION OF RELATIONSHIP WITH ACTION EXPRESSINC.
D. DRIVERS AND OWNERS ARE RESTRICTED FROM DISCUSSING PRICING WITH SHIPPERS
OR RECEIVERS. ANY LINE OF QUESTIONING TO EITHER, SHARE THE DRIVER PAY WITH
SHIPPER/RECEIVER OR TO INQUIRE HOW MUCH THIS LOAD WAS BOOKED FOR, WILL
RESULT IN IMMEDIATE CONTRACT TERMINATION.
E. SUBJECT TO CASE-BY-CASE NEGOTIATION AND APPROVAL BY CUSTOMER.
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F. YOU MUST CHECK IN EVERY MORNING MONDAY-SATURDAY BETWEEN 06:00am –
08:00am EASTERN TIME
You can CALL or TEXT our main office number 718 360-9258 to provide your available location
and time for the day.
You will also receive a text message between 06:00am – 08:00am to provide an update.
If you are not available that day you are also required to check in and let the dispatch know you are off
service that day.
If you are going to be off for a period of time (2-3 days, 1 week to a month), let the dispatcher know
and we will not ask you to provide updates during that time.
G. IF YOU WORK WITH OTHER COMPANIES AND YOU RECEIVE A LOAD FROM THEM, CALL
OUR OFFICE IMMEDIATELY AFTER RECEIVING THE LOAD TO PUT YOURSELF OFF
SERVICE.
H. CALL OFFICE BEFORE YOU CHANGE YOUR LOCATION.
I. IF DISPATCHER FINDS YOU A LOAD, HE WILL CALL AND OFFER IT TO YOU. IT IS IN YOUR
BEST INTEREST TO LET THE DISPATCHER KNOW AS FAST AS YOU CAN IF YOU ACCEPT
THE LOAD. IF YOU AGREE TO THE BID, YOU WILL BE OBLIGATED TO KEEP YOURSELF
RESERVED FOR THIS OFFER FOR A MINIMUM TIME OF 15 MINUTES. IF THE BID IS
AWARDED, YOU WILL BE NOTIFIED BY THE DISPATCHER. HE WILL THEN TEXT YOU PICK
UP AND DELIVERY INFORMATION. YOU ARE TO CALL THE OFFICE NUMBER OR TEXT
BACK THAT SAME NUMBER TO CONFIRM YOU RECEIVED THE INFORMATION.
J. WHEN UNDER ACTION EXPRESS INC DBA ACEX LOAD
Call upon arrival for pick up (as soon as you arrive to the building).
Make sure your bed is rolled up and belongings are picked up and stored neatly. If unable to
roll up the bed, cover the sleeping area with dropdown curtain.
Call once loaded (number of pallets, total weight, BOL number).
Do not leave the shipper until you have called the office and the dispatcher confirmed
the pickup information and gave you an GOOD TO GO to leave.
Freight must be strapped.
Call upon arrival for drop off (as soon as you arrive to the building).
Call once dropped off with POD (first and last name of the person who signed for the freight).
If you are running late, you must let the dispatcher know as soon as you see you will be late, not
when you are already late.
If the shipper tells you to hand load/unload the freight, you are required to call the office and let
the dispatcher know before you start doing anything. In order to get paid for the labor, dispatcher
has to give you an OK from the broker to do the job.
If you load or unload the freight without letting the dispatcher know, you will not get paid for the
labor.
Your delivery time is what is set by a DISPATCHER, not a SHIPPER.
If the shipper tells you the load has been canceled you are to call the dispatcher and ask him
whether it is truly canceled before you can leave.
If the shipper tells you to unload elsewhere, you are to call the dispatcher before you can move.
NEVER leave anything of yours at the shipper that includes throwing away any trash
especially tires in their dumpsters.
NEVER put anything on top of the pallets/boxes that you are loaded with.
All expenses caused by printing and faxing paperwork are not refundable.
You are not allowed to cancel any load got from ACTION EXPRESS INC DBA ACEX after text or
verbal approval. That will follow with $200-$600 fine.
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You are not allowed for any partial loads. Personal staffs are count as partial load, if toy have
not advised us before booking load with pictures of those ataffs. It will cause 100% reduction for
load made for ACTION EXPRESS INC DBA ACEX and termination.
You are material responsible for load since get loaded till the very delivery (getting signed pod
by reciever).
K. 10%-25% REDUCTION WILL BE APPLIED FOR ANY PICK UP/DELIVERY FAILURE
L. BILLS OF LADING MUST BE CLEAN AND FREE OF ANY NOTATIONS FROM RECEIVER
SUCH AS: “DAMAGED FREIGHT”, “SUBJECT TO INSPECTION”, ETC. YOU ARE REQUIRED
TO NOTIFY ACTION EXPRESS DBA ACEX IMMEDIATELY IF ANY NOTATIONS ARE WRITTEN
ON THE BOL BY THE RECEIVER PRIOR TO LEAVING THE FACILITY.
IV.
PAYMENT:
A. ALL BILL OF LADINGS MUST BE EMAILED TO:
accounting@action-express.org
VIA CS APP (CAMSCANNER) RIGHT AFTER DELIVERY. BOLs MUST BE IN PDF FORMAT ONLY.
B. ALWAYS WRITE YOUR TRUCK # and a PRO NUMBER ON BOLs. INCLUDE YOUR TRUCK #
IN EMAIL OR SUBJECT LINE.
C. PAPERWORK MUST BE SENT IN A TIMELY MANNER. PAPERWORK RECEIVED MORE THAN
15 DAYS PAST THE DATE THE LOAD WAS COMPLETED ON WILL BE ASSESSED A 15%
PENALTY PER 30 DAYS LATE.
D. YOU MUST SEND POD IN A GOOD QUALITY WITHIN 2 HOURS AFTER DROP. OTHERVISE
THAT WOULD BE $100 PENALTY.
E. ALL ORIGINAL BILL OF LADINGS MUST BE SEND TO THE ACTION EXPRESS INC DBA ACEX
ADRESS AFTER THE DAY OF DELIVERY AND THEN DISCARDED.
DIRECT DEPOSIT IS EVERY FRIDAY IF ALL PAPERWORK IS RECEIVED MIDNIGHT EST OF
THE BUSINESS DAY SUNDAY EACH WEEK.
Payment Option
You can always choose payment option. Just let us know once freight is delivered.
1)pay
Quick
payment
(1-5
working days) 2%
1) Quick
(1-3(1-2
working
days)
-3%
1)Quick
Pay
working
days)-3%
2) Standard
payment
2) Standard
(10(every
working
days) (10-14 working days)
2) Regular
Friday)-0%
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I FULLY ACCEPT AND
UNDERSTAND ALL OF THE ABOVE REQUIREMENTS OF AN OWNER/OPERATOR FOR
ACTION EXPRESS INC / DBA ACEX.
ACTION EXPRESS INC
DBA ACEX
OWNER/OPERATOR
SIGNATURE
SIGNATURE ---------------------
PRINT NAME
PRINT NAME --------------------
TITLE-------------------------------
TITLE
DATE
DATE ------------------------------Initials
Request for
CERTIFICATE OF INSURANCE
Additional Insured:
ACTION EXPRESS INC / DBA ACEX
100 E Campus View Blvd
Suite 250
Columbus, OH 43235
Insurance coverage and limits required:
Commercial Auto Coverage: Trucking for Hire Operations.
$1,000,000 Primary Liability Commercial Auto CSL.
$100,000 Broad Form Cargo with $1,000 deductible max.
Unlimited Radius of Operations.
Certificates must also show listed Vehicles (Year, Make, VIN #) as well as all listed drivers.
!!!!!!!!!! Insurance of cargo is necessary, In case of damage to the cargo, if the owner/operator does not
have insurance of cargo, she/he would take 100% responsibility !!!!!!!!!
Initials
Accessorial Charges:
•
Detention - waiting time to be loaded/unloaded: first 2 hours from the time indicated on the rate
confirmation - free, other time - $15/hour for sprinter, $20/hour for small straight, $25/hour for
large straight.
•
Layover – waiting till morning to be loaded/unloaded - $75 for sprinter, $100 for small straight,
$150 for large straight.
•
Hand load/unload – depends on weight: under 500 lbs. - $50, 500-1000 lbs. - $75, other cases
shall be discussed with the dispatcher.
•
Document’s printing – please add that charge to the rate before going to the pickup (Canada
shipments, airport pickups).
•
TONU – cancel of shipment. If the TONU occurs more than 2 hours prior to pick – no payment
shall apply. Otherwise - $75 for sprinter, $100 for small straight, $150 for large straight.
Initials
DRIVER INFORMATION
FIRST & LAST NAME
ADDRESS
CELL
EMERGENCY CONTACT
E-MAIL
BIRTH DATE
DRIVER'S LICENSE AND STATE
LICENSE`S CLASS
DRIVER'S LIC. EXPIRES
CAN CROSS US/CAN BORDER
HAZMAT CERTIFIED
TSA CERTIFIED
TWIC CERTIFIED
TYPE OF ID (passport, green card, work permit)
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TRUCK INFORMATION
MAKE
MODEL
VIN NUMBER
LICENCE PLATE
YEAR
STATE
PAYLOAD (lbs)
CARGO LENGTH (IN)
CARGO WIDTH (IN)
CARGO HEIGHT (IN)
DOOR WIDTH (IN)
DOOR HEIGHT (IN)
DOCK HIGH (YES/NO)
AIR RIDE (YES/NO)
TEMPERATURE CONTROL
(YES/NO)
LIFT GATE (YES/NO)
PALLET JACK (YES/NO)
CAN CROSS US/CANADA
BORDER (YES/NO)
TEAM (YES/NO)
Initials
ACTION EXPRESS INC / DBA ACEX & Owner/Operator Payroll
Electronic Funds Transfer Authorization and Remittance Address Form
(EFT/ACH)
The Action's Electronic Funds Transfer Authorization and Remittance Address Form (EFT/ACH)
must be completed in its entirety in order to settle transactions for payment. Transmission will be
initiated on the due date as determined by the terms and conditions of your agreement with Action
Express INC DBA ACEX. You must verify that your bank will provide you with these payment details
and also that your account accepts EFT.
IMPORTANT INSTRUCTION:
The remittance address field must contain the address where the payment information will be sent.
The Physical address field must contain the address where the 1099 will be sent at the end of the
year.
The EIN or SSN provided must match the number that the bank account was opened with. The
1099 will be sent to that individual with his or her name as the recipient.
If you there is a change to your bank account, address, name of recipient EIN/SSN, etc. it is your
responsibility to notify Accounts Payable and you must complete another form of authorization.
REQUIRED - Payee / Company Information
Company Name/Adress: _
Owner Name/Adress:
SSN:
or
EIN:
Phone Number:
E-mail Address:
City:
State:
Zip Code:
REQUIRED - Current Financial Institution Information
Bank Name:
Checking Account Number:
Checking Routing Number:
City:
State:
Zip Code:
Initials
Form
Request for Taxpayer
Identification Number and Certification
W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
▶
Give Form to the
requester. Do not
send to the IRS.
Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Print or type.
See Specific Instructions on page 3.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation
S Corporation
Partnership
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Trust/estate
Exempt payee code (if any)
▶
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
5 Address (number, street, and apt. or suite no.) See instructions.
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
Requester’s name and address (optional)
6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Social security number
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
–
–
or
Employer identification number
–
Part II
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person ▶
Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W -9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W -9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
Cat. No. 10231X
▶
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Form
W-9
(Rev. 10-2018)
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