mercredi 31 janvier 2018

Derriere in the Air...Maybe

:o PolarBearBob here, not sure I'm proceeding in the right direction with my new venture. I've already gotten some great advise from Paul but thought I'd re-post my concerns in hopes that others of you would wade in, please.

I've started a commercial swimming pool repair and maintenance company; sort of. My company is Polar Pools and it is a D.B.A. of my L.L.C. Arctic Eye Enterprises here in Alaska. Now before you all start rolling around on the floor laughing, there are quite a few swimming pools here in the "Great-land". If any of you have read my intro you know that I happened upon this business opportunity by pure chance.

I'm not a professional engineer but I've been in the Water & Wastewater industry for almost 40 years and I carry Class IV state licenses in Water Treatment, Wastewater Treatment, Water Distribution and I'm a Certified Pool Operator. This pool thing is a rather natural fit for me, the equipment used in swimming pools is identical to drinking water filtration and disinfection equipment only on a smaller scale. I've got the knowledge and skills to diagnose these systems regardless of complexity, size or type of treatment.
The bonus is there is no one in Alaska using their skills to work on these systems.

My challenge, is the path I'm on now, is it going to put me out of business, eventually. The next question I have at 63 years young, is "eventually" a bad thing, since I'm already retired from a full career. The best description of my work is "Consultant", I'll try to explain. It became apparent after working on two of these projects that I didn't have the infrastructure or manpower to expedite work at this level. I have the knowledge but not the muscle. I contacted a friend I've known for 30 years, he is in the commercial/residential HVAC business here in Anchorage. His business is Klebs Mechanical and they are a name in Alaska and around Anchorage especially. We had a meeting and made a gentleman's agreement to work together in trying our hand at this business.

So here is our division of work:
1. We are both actively looking for jobs and work (so far that hasn't been to difficult).
2. I look the job over and determine what is needed to either repair or replace the used or broken equipment.
3. I offer suggestions to my partner on items that will require work or modification.
4. I research equipment from various manufacturers and get bids for the equipment.
5. My partner draws up the bid for the client and interfaces with the client. In a word, he is doing the selling.
6. If our bid is accepted my partner's company purchases all the materials and equipment and his workman complete the work.
7. All the equipment is installed to my or the manufacturers specifications.
8. I trouble shoot, inspect and start-up all systems after work is completed.
9. I train all client personnel on the system and provide written SOP's (standard operating procedures) to the client.
10. I get paid when the client has paid my partners company for the completion of the work.

We have negotiated my fee to be 12% of the total cost of the actual repairs or installation. My partner and his people add their markup onto that subtotal to give the client the final bid price. My work is listed within the contract as either consultant, design engineer or some other form of professional intellectual assets. We are starting to get some traction here and we are bidding some larger more complex projects. My partner, who by the way is a friend was pointing out that our latest contract which is $160,000.00 I will be getting $19,000.00 for my services and that may be difficult to sell to the client. I don't know enough about business to challenge my friend but here is his point of view. If we sell a part to a customer, say for $5.00, my take on that sale is $0.60, customer hardly even notices. We have a bid currently for $250,000.00 on a project and my take will be in the neighborhood of $30,000.00 at 12%, customer has a seizure and drops our bid like a hot rock because the engineering costs are so large. My partner feels that we need a sliding scale for my percentage and I don't know if he is right or if that is a standard in the world of business.

So here are my questions to you fine people:

1. Is there a sliding scale used for ever increasing larger contracts regarding engineering/intellectual assets used for that contract?
2. Do you people take a lessor profit margin on larger contracts versus smaller ones"
3. Am I shooting myself in the head by sharing my knowledge with my partner? He wants to know everything.
4. Eventually my portion of this business will be passed on or sold as I have no children. Should I make arrangements for this now while our business is still new?
5. Does it honestly appear that I'm earning more than I should from a risk versus reward posture?

I freely admit that my friend has a larger risk since he is doing all the actual work and if the client gets a case of the red a$$ they probably won't be looking at me as much as my partner. I believe because of that fact it has a monetary value and he should be paid for his trouble. I know that I want to keep my mind sharp and making money at the same time is kind of nice.
I maintain Professional Liability insurance at 2 mill and General Liability at 1 mill. I don't want his insurance company coming after me if something were to go sideways. I maintain a business journal and I document everything(engineer buddy recommendation).

I'm really not sure which direction to go with this, I don't believe I want to play "General Contractor" and be responsible for the whole ball of wax. I'm also not the only consultant or professional in this situation, I'm hoping that one of you fine people may be able to provide some insight.

Thanks,

Bob Walker
Polar Pools


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Opening a Sister Company - Partnership Agreement

Hi,

I am looking for advice on an important business venture I am about to embark on. I am 32 years old and I've been working at a small studio for 9 years. I started as a designer when the studio only had 8 employees and have moved up to become Art Director and Project Manager. The studio now employs about 20 workers. The studio is owned by 2 brothers, with almost equal share between them. I have become the 3rd most important person in the company. Throughout the years we have had an excellent work relationship and my bosses have always been fair to me - giving me more responsibility and being compensated for it. About a year and a half ago I was offered to be a partner of the company - there was talk of giving me a small percentage (1-3%).

When I recently married, my wife and I began thinking of relocating to the US. My bosses always dreamed of opening a second branch of the studio in the US but the right opportunity never presented itself. When I told them about my plans to relocate we immediately started talking about me opening the studio in the US. My main role would be to bring in new business and as well as manage the US projects - while most of technical work will still be done in the main studio. It is assumed by all partied that at first I will be the only one working at the US studio and only once it becomes necessary to hire employees (because of work load and other factors). I will soon begin negotiations in more detail. This is the first time I go through something like this. The advise I am looking for is in regards to partnership structure, salary, percentage split, and relocation package. Of course I will eventually consult with a lawyer who will look at the contract, but I wanted to get preliminary information for the negotiations. Some information to consider:
  • It has already been agreed that I will become a partner in the new "sister" company
  • I will not be putting any capital myself, my bosses will be funding this new venture entirely
  • It has already been agreed in principal that I will be receiving a salary along with partner dividends
  • I am assuming that I am the active partner because I will be the most involved in the daily operations. My bosses (partners) will offer advice, guidance, and will help with the decision making but I don't think they will be as involved with the daily operations. Does that make them limited partners?


QUESTIONS
  1. What is a fair percentage split in this situation? My bosses have mentioned an even 33.33% split. Is this fair to me? Should I have a higher percentage because of the relocation, amount of time and effort I will be putting in? (40-30-30?) Do I have more of a liability because I will be the only one at the US company?
  2. Should I invest my own capital in order to have more leverage, even if I don't have to put in any money?
  3. Is it fair to ask for a 25% raise from my current salary considering my new responsibilities, status as a partner, a higher cost of living at the new location?
  4. Is it reasonable to ask for standard social benefits (health insurance, pension, etc) in addition to the salary raise? I assume yes, it shouldn't matter that I am relocating to a new country
  5. Is a salary raise in store if the company meets or exceeds it's target goals each year? Should the raise be a percentage of the profits?
  6. Besides the initial capital for overhead costs (office, computer, accountant), should I also request emergency capital in case of emergency? If so, what is a reasonable amount?
  7. Is it reasonable to ask for a relocation package (moving costs+cash stipend) to help with the move? This seems common, no? Is a $5k stipend reasonable? (remember it's a small studio with no experience in relocating workers)
  8. Assuming the worse, lets say the new venture doesn't take off, should there be a set limit to how long my bosses are willing to support this new business venture? If so, what is a common time frame?
  9. Lastly, going back to the small percentage I was offered in the main studio before any of this relocation came up - let's say I continue to assist in the production of the work in the main studio, is it fair to ask for that small percentage I was offered?
  10. Another general question, do any of these things change if the new sister company is doing well? Meaning, in the beginning they are putting all the capital and it might take some time for the new company to make a profit. If the new company is at a point where it is sustaining itself, plus employees, plus still has profits - do any of these percentages or agreements change?


Thank you for taking the time to answer. If you could please advice according to the numbered list of questions, it will help me keep the advice organized.

Much appreciated!


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Jonathan Pagan here willing to help business owners

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My name is Jonathan Pagan and I am a business consultant. I help business owners understand what their problems are within their operations and provide tailored-fit solutions to fix that problem.

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I'm not selling anything, I just have a few questions.

I work for a company called A&R Screening.

We are working on a new product/process to help businesses purchase apparel for their employees. Our new solution is meant to streamline the ordering process.

Not including pricing...

What's your single most important question about ordering apparel for your employees?

Why would it make a difference in your life to get a good answer for this problem or find a solution you need?

How difficult has it been for you to find a good answer for the above?

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In which country should I incorporate my online business?

A short description of what I'm planning to do:

  1. I'm developing, along with a partner, a website that will offer social media related services.
  2. The business will be self funded, at least for starters.


I'm looking where should I incorporate my business based on the following criteria and facts:

  1. I'm a Greek citizen and resident (Greece is an EU country).
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  3. I'm interested in low incorporation cost.
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  6. The country which I will choose, will be the one that offers the best combination of points 4 and 5.


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Biz partner ready to retire before me. Looking for advice.

I have a 50/50 biz partner of 18 years. I am 45 and he is 50. He is financially more ready to retire than I am as his home and all debt is paid. I still have a mortgage. We have a C Corp set up and we own 4 cellular locations as authorized agents for a large cellular provider. We each draw about 175k annually with salary and bonus and have over the last 4 years. 18 years ago we started out at 30k each with one storefront. We have an ASM that travels to the 4 stores and is basically our COO. He manages each locations managers and staff directly. Currently I handle marketing which has recently been taken over by another agency that does a wonderful job. My partner oversees inventory which amounts to about 500k at any given time, plus or minus 500k depending on the season. We are looking at slowly stepping away physically from the business and paying our ASM a larger salary to take over our physical jobs, but we would still be the board and principal officers, but physically much less involved so that we can move on into other business ventures to provide retirement income. Having a mortgage, I am in more need of a full time gig, than my partner. I am going to be taking my real estate exams to pursue this field for retirement. My thoughts are taking 15k off of each of our salaries and giving them to our ASM. This would bring him from 55k to 85k which is pretty good for small town Iowa. He also has a company car and health benefits etc. This would allow us to keep a good income, and also pursue other careers. Our industry is somewhat questionable based on several things, and we could see a significant drop in profit over the next several years and we would adjust our draws based on this. We would be able to get weekly and monthly reporting to see trends etc and keep an eye on things, and would still remotely and randomly be on sight to talk with employees etc. If we saw things not working out we would be able to make changes whether it be staffing, marketing etc. If the ASM could not handle the job which is highly unlikely, we would be able to hire a replacement.
My business partner mentioned the other day the he would be willing to take a 50k each cut in pay, and give our ASM the same pay raise to 85k, and put the remaining 70k into a fund annually so that our ASM could eventually use that money to "buy us out", which in my mind makes no sense.... First of all, the cellular provider we are an agent for, does not have a contract with our ASM and does not guarantee us to be able to sell to another person...in fact they would probably just move another agent into our towns and our business would be valueless. I'm trying to be prepared for a conversation with my partner with some facts and wisdom.
What would you do???


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