Welcome to Hill Country Hotshots, Inc. Thank You for looking but we are currently not hirering at this time.

 

Qualifications:

Texas Resident

2 year min. in Commercial Hauling

Must have a 2002 or newer 1 ton & up

3 to 4 Car Hauler

Current DOT Inspection on Truck & Trailer

Class A CDL

Current Medical Examiner's Certificate

Current Negative Pre-Employment Drug Test

Current Driving Record for 3 years ( 2 weeks or less)

 

 

 

 

Hill Country Hotshots, Inc.

3103 N I35 Suite 300

Round Rock, TX 78664

Phone: 512-716-1081 / 512-233-9826

Fax: 512-716-1084

www.hillcountryhotshots.com

INDEPENDENT CONTRACTOR AGREEMENT

Hill Country Hotshots, Inc., (the "Company"), and ____________________ ("Contractor"), agree as follows:

1. Engagement; Scope of Work. The Company hereby engages Contractor to provide certain services beginning on ________ __, 2007. The services to be performed by Contractor will consist of picking up and delivering loads. Deliverables associated with each project will be as mutually determined by the parties. 1st priority is safety. Remaining alert, checking your units properly, securing you unites and delivering on time are all part of operating in a safe, efficient manner. Contractors must be a concerned listener when they are at the dealer and conduct themselves in a professional manner. This includes not being short tempered and impatient. At no time is profanity to be used.

2. Compensation. As compensation in full for the services to be performed on behalf of the Company under this Agreement, and for the other obligations of Contractor arising hereunder, the Company will pay Contractor 80% of all loads delivered arranged by the Company. If Contractor lands a contract they will receive 5% of any load that they do not deliver and 80% if Contractor delivers. Contractor will perform the services with his own truck, using his own resources, and will bear all of his expenses in accomplishing the services, including any applicable sales or use taxes.

3. Fee Processing. All billing will be processed through Hill Country Hotshots, Inc. Contractors at no time will invoice a customer for services provided unless prior approval is given by Jeff B. Foster. The responsibility of returning the trip paperwork is the contractor’s and is part of making a complete delivery. All delivery paperwork and logs are to be submitted to Jeff B. Foster with in seven days of delivery. It is suggested that you mail your paperwork the day you deliver or hand deliver it to Jeff B. Foster. You have 7 days, after delivery, to have you paperwork submitted to Jeff B. Foster or your settlement will be assessed a $25 late fee. As a contractor your service responsibility is to adhere to the requests of our customer and DOT requirements. As you send in your completed delivery paperwork for final settlement, it will be assumed on your part that you are submitting everything intact and we will process your settlement immediately upon processing your paperwork. Our objective is to make this happen for you. However, in the event that there is a delay in the settlement processing, the following list will help you identify what might be the cause of the delay. Please make sure you learn and understand this listing. This will help you in submitting correct and complete documentation.

a. Missing Paperwork. Each customer requires different delivery documents that need to be signed, dated and returned. If you are unsure about what is to be returned, check with Jeff B. Foster prior to taking your trip.

b. Unsigned Paperwork. All required paperwork must be signed and dated by both the dealer and the contractor. Submitting unsigned paperwork will result in your settlement being delayed until the signed paperwork is received.

c. Missing Logs. If your logs are not submitted with the paperwork, your settlement will not be issued until logs are received.

d. Damage. If your load experiences any type of documented damage, the settlement amount will be applied to your damage deposit account.

Our responsibility is to issue your settlement expediently and timely, this is our service commitment to you.

As a contractor, you will receive a 1099 income statement at the end of each January for all earnings generated from the previous calendar year. The statement will be mailed directly to the address that Hill Country Hotshots, Inc. has on file.

4. Commercial insurance and Damage Deposit. Insurance payments are due to Hill Country Hotshots, Inc. by the 25th day of each month in the amount that has been agreed upon. If payment is not received within 7 days of the due date your insurance will be cancelled. Contractors are required to have a $1,000.00 damage deposit with Hill Country Hotshots, Inc. All damages are subject to a $1,000.00 deductible charge to the contractor for their first damage and up to $1,500.00 for their second and subsequent damages. In case of the first damage, the deposit account must be replenished to $1,500.00. If any portion of the damage deposit is used, it must be replenished. The settlement of the damaged load will be applied to the contractor’s damage deposit account, and the contractor can choose between the two listed options to pay the balance.

a. Immediately pay the balance in full.

b. Hill Country Hotshots, Inc can withhold 10 to 50 percent of your future loads until damage is collected.

5. Logs. The New Log Rules: On April 28, 2003, the Federal Motor Carrier Safety Administration published the most significant hours of service revisions in over 60 years. The revisions are applicable only to property- carrying vehicles. The following is a summary of key provisions of the new rules:

- OFF DUTY TIME- The new rule requires 10 hours off, rather than 8. Research has shown that drivers need about 7 to 8 hours of sleep per night, but are not able to obtain that amount if only given 8 hours off duty because of time needed for commuting, family, eating, errands, etc. A 10 hour break should allow drivers to obtain adequate rest, the FMCSA determined.

- DRIVING TIME- The rules allow for 11 hours of driving, rather than 10, after 10 hours off. The FMCSA reasoned that the task of driving a modern CMV is not as fatiguing as it once was, and that an additional hour of driving can be safely accommodated given that the overall tour of duty will be more limited.

- ON DUTY TIME- Under the existing rules, you can’t drive after having been on duty for 15 hours (non-consecutive). Under the new rules, a driver may not drive beyond the 14th consecutive hour after coming on duty (after 10 hours off). In other words, if a driver gets 10 hours off and starts a tour of duty at 6am, they would have to stop driving at 8pm, even if they were off duty for the entire afternoon. This 14 hour clock can only be “reset” with a full 10 hour break. A new exemption allows short- haul (local) drivers to drive after the 14th hour, but not beyond the 16th hour, one day per week.

- WEEKLY RESTART- The rules allow a driver to voluntarily “restart” the 60 or 70 hour clock by taking 34 consecutive hours off. The FMCSA determined that a driver who is able to take 34 hours off should be able to obtain two periods of sleep lasting the necessary 7 to 8 hours, and will be able to start the next shift, well rested, at approximately the same time of day as their prior shift.

Logging a Breakdown: Properly logging a breakdown scenario is very simple. Please adhere to the following guideline.

a. When your load becomes disabled and you stop moving, you will place yourself On Duty/ Not Driving for the entire time you are physically assigned to stay with the load.

b. Once the load is secured, please follow this guideline. If you are to stay physically with the load you will be On Duty/ Not Driving. If you are released from all responsibility for the load, for any time, that time is logged Off Duty.

Logging Procedures: Log books must be brought up to date each and every time a duty status change occurs. Therefore, the contractor MUST update entries before leaving the driver seat. (49 CFRs 395.8 (f) (1) of the FMCSR’s) All completed log sheets must be submitted immediately at the end of each trip with the delivery paperwork up to midnight the day before delivery. The following outlined procedures are intended to act as a guide in the proper preparation of your daily logs so that you will be in compliance with DOT regulations and with Hill Country Hotshots, Inc policy.

1. Show the proper month, day, and year.

2. Show the last four digits of your load number.

3. Must log on “time standard” from your starting point.

4. Total up the hours on each line at the end of the day.

5. Do not abbreviate cities. It is OK to abbreviate States as long as you use the legal two letter abbreviation.

6. Make sure all logs are neat and clear to read and make sure that lines are straight. Use your ruler.

7. Sign your name and PRINT your name.

8. All entries are to be made by the driver.

9. Make sure all entries are in the WHITE area.

10. All entries must be current to your last duty status change.

11. You must do a pre-trip inspection at the start of each driving day or after a 10 hour break.

12. Logs must be turned in for each trip with your paperwork.

13. You must have a log for each day whether on duty or off duty. You may log multiple consecutive days off duty on one sheet but you cannot log on one sheet if those days cover two separate months.

14. 71/2 minute rule. Goes into effect AFTER 15 minutes on any activity on lines 3 and 4.

15. Sleeper berth time cannot be logged unless your sleeper berth has been inspected and approved by Jeff B. Foster.

16. You may restart your 70 hours in 8 days after 34 consecutive hours off duty.

17. You cannot drive after being on duty more than 70 hours in any consecutive 8 day period.

18. After a required 10 hour rest you cannot drive over 11 hours.

19. When the total of ALL lines reaches 14 hours, not to exceed 11 hours of driving, you cannot drive unless you have a required 10 hour rest. Your 14 hours are consecutive after coming on duty.

20. Your meals may be logged off duty if you are not in the vehicle and it is parked in a secure area.

21. Any activity less than 15 minutes on line 3 (driving) requires flag off of line 3 with time (minutes), nearest city and State.

22. Time spent for loading, delivering, accident, impassable road, breakdowns, etc. Must be shown on line four as on duty not driving time.

23. All time spent with DOT or Public Commission checks must be logged on line four and must match time from inspection document to log book.

24. All port of entry times must be flagged on your log sheet on your home terminal time.

25. You are allowed to log only 65 miles per hour when loaded per Hill Country Hotshots, Inc. Pickups are allowed to log the posted commercial speed limit when not under load.

26. The inspection on the back of your log must be filled out and signed for every day that you are on duty. Off duty logs do not have to be signed on the back and inspections do not have to be done.

27. The only time that you list activity under city and state is at an accident scene, DOT roadside inspection and at the port of entry.

28. It is Company policy that the front of your log book be kept current with all your totals (recap). It makes it easier to keep track of all your time and the three clocks you are working on.

29. Your logs should be complete when you turn in your paperwork. Hill Country Hotshots, Inc has the right and responsibility to refuse logs that are completed in the office or after your paperwork is submitted as this constitutes falsified log sheets.

6. Legalization.

You are required to post your DOT numbers, Business Name, and Business Phone Number on the side of your truck, at all times, while in transit and while you are deadheading to your next load or home. No other signs or phone numbers will be excepted.

SCALES: As a contactor for a carrier, you are required to enter State scale houses, as required by each State. We ask that you read and interpret the scale information sign. This sign is usually posted prior to the scale house. If you do not understand the sign, enter the scale house and follow their direction.

7. Drugs and Alcohol. POLICY REGARDING THE USE OF

Hill Country Hotshots, Inc. has a strong commitment to its independent contractor drivers to provide a safe work environment. The Department of Transportation, Federal Motor Carrier Safety Administration requires that transportation personnel, equipment, as well as operating practices be consistent with high standards of health and safety. While Hill Country Hotshots, Inc. has no intention of intruding into the lives of its independent contract drivers, you must be in a condition to perform safety- sensitive functions. The presence of drugs or alcohol while on duty performing safety- sensitive functions and the influence of these substances on individuals are inconsistent with these objectives. Our policy with respect to drugs and alcohol is as follows:

a. The use of illegal narcotics, drugs or controlled substances while on duty performing safety- sensitive functions or on any company facility or property is a disqualifying or dischargeable event.

b. The use or possession of alcohol by independent contractor drivers is prohibited on duty performing safety- sensitive functions. Any individual found using or in possession of alcohol will be subject to sanctions, up to and including disqualification or termination.

c. Independent contractor drivers will not be permitted to provide safety- sensitive functions under the influence of drugs or alcohol. Individuals who appear to be unfit will be removed immediately and be subject to a reasonable suspicion examination, including testing of blood, urine or breath for the presence of drugs and alcohol. Refusal to comply with a reasonable suspicion examination, drug and alcohol test will result in enforcement action, up to and including disqualification and termination. Return to duty will be determined by a Substance Abuse Professional, previously trained in drug or alcohol abuse, under the federal guidelines.

d. Testing at a designated medical facility will be ordered by Jeff B. Foster, when a work related injury occurs or when use of an illegal drug or alcohol is suspected as a contributing factor. An independent contractor driver found to be under the influence of drugs or alcohol when injured on duty performing safety- sensitive functions, will be subject to enforcement action, up to and including disqualification or termination.

e. Contractors are encouraged to request assistance from Jeff B. Foster to deal with personal alcohol or drug related problem. Jeff B. Foster will recommend local treatment and counseling programs. Participation in drug or alcohol treatment programs will not jeopardize your employment, and will be held in strict confidence by the company. Participants in drug or alcohol treatment programs will continue to be subject to the same enforcement actions for violations of company policy. Participants in drug or alcohol treatment programs are required to stop all use or possession of these illegal substances. Testing may be required by the company to verify compliance with this requirement.

f. Company management reserves the right to authorize inspections for possible policy violations. All controlled substances will be turned over to the appropriate law enforcement agency and may result in criminal prosecution. NOTE: Independent contractor drivers undergoing medical treatment with a drug or controlled substance which may alter their physical or mental ability to perform safety- sensitive functions must report this fact to Jeff B. Foster. A determination will be made by the company, if the individual’s ability to perform safety- sensitive functions is affected.

Drug Testing Program:

1. Pre- Employment or Pre- Use

All applicants for driving positions requiring the performance of safety- sensitive functions must successfully pass the testing for controlled substances prior to qualifying under the federal and Hill Country Hotshot, Inc. criteria.

2. Periodic Testing

As part of the driver’s medical qualification requirements, as mandated by the federal government, all drivers who are required to have a DOT approved physical, will have a test for controlled substances reasonable suspicion as a routine portion of the physical examination.

3. Random Testing

Random controlled substance and alcohol screening is performed as legislated by the federal government in 49 CFR 382.307, as it applies to required numbers of tests annually and exceeds these standards.

4. Post Accident Testing

Drivers involved in an accident that results in the loss of human life or receive a citation within thirty- two hours of the accident, if the accident involved bodily injury requiring medical treatment away from the accident site or one or more vehicles are required to be transported away from the accident site, must submit themselves for testing at an approved collection site within 32 hours of the accident. Consult law enforcement agencies for authorized testing centers.

8. Independent Contractor Status. It is expressly agreed and understood that Contractor is performing services under this Agreement as an independent contractor for the Company and Contractor is neither an employee nor an agent of the Company. Contractor will have sole control over the detailed method of performance of the services, the manner and method of performing same being under the sole control and discretion of Contractor, and the Company's only interest being in the results of such services. The Company's liability hereunder will be limited to payment of the compensation provided in this Agreement. Contractor agrees to pay all applicable taxes (including unemployment insurance and old age benefits) which may arise as a result of this Agreement. Hill Country Hotshots, Inc. retains the Contractor as an Independent Contractor for the sole purpose of delivering commodities. Independent Contractors will receive a 1099 at year end and are responsible to annually file and pay their applicable taxes. Contractor will have no authority to act, to make any representation, to enter into any contract or commitment or to incur any liability on behalf of the Company. All deliverables hereunder, and all work papers associated therewith, will be owned exclusively by the Company.

9. Termination. Either party hereto may terminate this agreement at any time upon thirty days prior written notice. Either party will have the right to terminate this Agreement immediately in the event of a material breach by the other party. All accrued payment obligations, indemnities and obligations will survive any termination.

10. Indemnification. Contractor will defend, indemnify and hold harmless the Company, its officers, directors and employees against all liability, loss, cost or expense associated with any claims, suits, actions, or demands of any nature and description by reason of damage or injury (including death) to any person or property caused by Contractor's negligence, breach of this Agreement or performance of services hereunder. Contractors are required to obey all applicable laws in every State, Country or municipality through which contractor delivers any loads dispatched to them. The Contractor will be personally liable for any fines imposed while delivering a load dispatched to them by Hill Country Hotshots, Inc. Contractor is to immediately report to Jeff B. Foster if cited, fined, or involved in an accident while delivering the load assigned to them.

11. General. This Agreement represents the entire understanding of the parties hereto and supersedes all prior written or oral agreements with respect to the subject matter hereof. Contractor should maintain this contract and refer to its policies to enable all of us to be uniform in our operations. Hill Country Hotshots, Inc. reserves the right to change or alter the guidelines at any time. This Agreement may be amended only in a writing signed by both parties. The parties have executed this Agreement as of __________ __,2007.

Hill Country Hotshots, Inc.:                                                                                            Contractor: _________________________           

By:__________________________

                                                                                                                                                                                                                                                               Title: ________________________                                                                              SSN#: ____________________________