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The Requirements
of Partnership With
Federal Appraisal & Consulting LLC
Updated Last: February 1, 2001

 

Copyright © 2001


Mark Pomykacz
Managing Partner

RE: The Requirements of Partnership

Dear Partners and Prospective Partners

To learn more about Federal Appraisal & Consulting ("Federal") and Partnership, please see the descriptive materials enclosed in the addenda or visit our web page at federalappraisal.com.

The requirements of partnership (the "Requirements") with Federal are reported herein. Remember that in order to be maximally responsive to our clients, the Requirements may change without notice and that it is your full responsibility to notify Federal in an appropriate manner when your status on meeting the Requirements changes. The changes will be posted on our web page and/or will be e-mailed to Partners (defined later). Furthermore, meeting the Requirements and/or being designated as an Partner, in no way constitute a promise of engagement for fee services or employment, or an agreement to be related in business or otherwise, except to the extent of as an independent contractor.

If you meet the Requirements of Partnership and wish to become an Partner, please complete the appropriate forms and documents, which are included herein or are listed on our web page at federalappraisal.com, and return them to Federal.

Please feel free to contact me with any questions or concerns that you may have.

Very Truly Yours
Mark Pomykacz


Table of Contents

 

Overview of Requirements of Partnership

Consulting Competency

Understanding of USPAP

Competency with Client-Defined Scopes of Services

State Licensure

Professionals Designation

MAI Designation

Good Standing

Work Experience

Computer Capability

E-Mail Capability

Voice Mail Capability

Licensed User of and Competency with Federal Appraisal’s Standard Software

Partner’s Certification

Partnership Approval Process

Submission of Required Forms and Documents for Partnership

Maintenance of Partnership

Marketing and Advertising, and Offering Services

Understanding of Non-Competitive and Good-Faith Relationship

Partners Responsibility for Services Rendered and Products Provided

 

Attachments

Partners Certification Form


Overview of Requirements of Partnership

 

To learn more about Federal Appraisal & Consulting LLC ("Federal") and Partnership and to get the most up to date information and requirements, please visit our web page at federalappraisal.com.

 

Partnership is by invitation only. Partners must demonstrate expertise in real estate appraisal and related topics. Also partners must certify their acceptance of and adherence to USPAP (the uniform standards of professional appraisal practice) and to the Federal Appraisal & Consulting LLC Requirements of Partnership. Lastly partners must demonstrate an ability to work effectively in a consulting environment, where client-defined scopes of services (agreed-upon procedures) and the use of technology are common.

 

The requirements of partnership (the "Requirements") with Federal are reported herein. In order to be maximally responsive to our clients, the Requirements may change without notice and that it is your full responsibility to notify Federal in an appropriate manner when your status on meeting the Requirements changes. The changes will be posted on our web page and/or will be e-mailed to Partners (defined later). Furthermore, meeting the Requirements and/or being designated as an Partner, in no way constitute a promise of engagement for fee services or employment, or an agreement to be related in business or otherwise, except to the extent of as an independent contractor.

 

If you meet the Requirements of Partnership and wish to become an Partner, please complete the appropriate forms and documents, which are included herein or are listed on our web page at federalappraisal.com, and return them to Federal.

 

Consulting Competency

 

Federal Appraisal and Consulting LLC often serves non-traditional appraisal clients. Also Federal often provides non-traditional and complex appraisal and consulting services. Federal and its Partners provide services beyond the government defined appraisal reports. Federal loosely defines these clients and services as consulting clients and services. Federal Partners understand the significance of, and are willing and able to provide Federal clients with these lawful, professional services that they require. Federal Partners are capable of working in a consulting environment where agreed-upon procedures and client-defined scopes of services are common, where communication between the clients, federal, and partners is paramount, and where the use of technology is required. Federal will not provide training to Partners. Federal may require partners to obtain training.

 

Understanding of USPAP

 

Nearly all of Federal’s engagements require compliance with the Uniform Standard of Professional Appraisal Practice ("USPAP"). Many of Federal’s engagements require the use of "limited", "restricted", "summary" and "departure provision" analyses, reports and consulting, as defined by USPAP. Federal Partners understand the significance of, and are willing and able to provide Federal clients with these lawful, professional "limited", "restricted", "summary" and "departure provision" analyses, reports and consulting services that they require. The use of "limited", "restricted", "summary" and "departure provision" analyses, reports and consulting, as defined by USPAP may require Partners to understand the appropriateness of the client need and intended use of services, and Partners will have the ability to address such appropriateness.

 

Competency with Client-Defined Scopes of Services

 

Many of Federal’s clients will require services that are not defined by government. Among others, government defined reports include Fannie Mae’s one to four family forms, and the FIRREA full analysis, full narrative commercial property report. Services defined by the client, client-defined scopes of services, or agreed-upon procedures included appraisal consulting, summary report formats, limited and restricted formats and analyses. Federal’s Partners are ready, willing and able to consult with clients to define their needed scope of services and to provide the services as defined. Among others requirements, Federal’s Partners properly research the context of the client’s need, match the need with appropriate appraisal and analysis methodology, and fully report the definition of the scope of services.

 

State Licensure

 

Federal’s Partners are licensed as state certified general real estate appraisers.

 

Partners may use their un-licensed or un-certified staff where appropriate and where agreed to by the client and Federal, to the extent permitted by USPAP and by customary professional practice. Such staff is the full responsibility of the Partner. The Partner warrants that such staff has the proper training and experience and that such staff receive appropriate management, direction and review from the Partner.

 

Federal does not pay Partners for license fees, membership dues or application fees or for education.

 

Professionals Designation

 

Professional Designations are not required, but are strongly encouraged, and will impact Federal’s decision to partner or work with an Partner. Federal does not pay Partners for license fees, membership dues or application fees or for education. Federal reserves the right to require a designation in the future.

 

MAI Designation

 

Professional Designations are not required, but are strongly encouraged, and will impact Federal’s decision to partner or work with an Partner. Federal will market itself as an MAI oriented organization. It is Federal's goal, that every partner hold an MAI designation or another designation of similarly high standing. Federal reserves the right to require an MAI designation in the future.

 

 

Good Standing

The state licenses and certification and the professional designations of Federal’s Partners are in good standing. Federal’s Partners must remain in good standing. Any change in standing or potential change in standing must be reported to Federal immediately.

 

Work Experience

 

All Partners will demonstrate expertise in their respective fields by having, among other training and experience, at least 10 years full time relevant experience in their fields.

 

Computer Capability

 

All Partners must be personally capable of using the technology customarily employed in their fields, and required by a specific client or engagement. Such technology may include, but is not limited to, personal computers, digital cameras, the Web and the Internet, and related software.

 

Partners will supply their own hardware, such as personal computers, printers, fax machines, digital cameras, telephones and modems.

 

E-Mail Capability

 

All partners must be personally capable of sending and receiving e-mail and e-mail attachments. Partners must have permanent, operable and reliable e-mail accounts. The e-mail account and software must be capable sending and receiving large e-mails and attachments. Partners are responsible for providing Federal with up-to-date e-mail address information.

 

Partners must read their e-mail from Federal and Federal’s clients within 24 hours of the time that it was sent. Partners will respond to all e-mail and other communications within a professionally appropriate time period, but Federal expects its Partners to make reasonable attempts to respond within 24 hours of reading the e-mail or other communications.

 

Voice Mail Capability

 

All partners must have the ability to receive voicemail 24 hours a day, seven days a week. When an partner cannot accept a phone call to their primary contact phone number, the caller must be automatically forwarded to the partner’s voicemail box. Answering services that will accept lengthy messages will be permitted, but are not preferred.

 

Partners must listen to their voicemail from Federal and Federal’s clients within 24 hours of the time that it was sent. Partners will respond to all voicemail and other communications within a professionally appropriate time period, but Federal expects its Partners to make reasonable attempts to respond within 24 hours of listening to the voicemail or other communications.

 

Licensed User of and Competency with Federal Appraisal’s Standard Software

 

Partners must be a licensed and competent user of Federal’s standard software. Federal will not supply and will not pay for the standard software.

 

Federal’s standard software includes Microsoft Word (version 95 or higher), Microsoft Excel (version 95 or higher) and Argus. Similar applications that cannot provide trouble-free Microsoft Word, Microsoft Excel, and Argus files are not acceptable.

 

Partner’s Certification

 

Partners must certify their acceptance of and compliance with USPAP and the Requirements of Partnership with Federal. Federal shall supply a certification form. A copy of the partner certification is attached.

        Partner Certification Form

 

Partnership Approval Process

Partnership is by invitation only. The selection of partners is based on the partner’s qualifications, and on the best interests of Federal and its clients. Meeting the requirements listed herein does not guarantee partnership. Upon invitation from Federal, a prospective partner must submit the required forms and documents to federal. Upon review of the submitted forms and documents, federal may extend that offer of partnership.

 

Submission of Required Forms and Documents for Partnership

 

Prospective Partners must submit the following forms and documents:

 

1. Resume, Curriculum Vita, Dossier, or Biography

2. Three Professional References, with phone numbers

3. Three Client References (clients who have used your consulting or nontraditional appraisal services), with phone numbers

4. Partners Certification

5. Once approved, complete the partner profile on the Federal web site.

 

The forms and documents are to be submitted to Mark Pomykacz, Managing Partner.

 

Maintenance of Partnership

 

Partners are responsible for the maintenance of their partnership. Partners will immediately report to Federal any changes to their status as partners or their ability to meet the requirements of partnership. Federal reserves the right to change the requirements of partnership anytime. Federal will communicate any changes to the requirements via the federal Web site, through e-mail, or other means. However it is the Partner’s responsibility to keep abreast of the requirements of partnership.

 

Among other responsibilities, Partners will maintain an up-to-date resume and profile with federal. The profile includes information about phone numbers, addresses and e-mail accounts.

 

Marketing and Advertising, and Offering Services

 

Partners will not advertise and will not market themselves as partners or as representatives of Federal in any way, without the prior consent of the Managing Partner of Federal except that Partners are permitted to list their partnership status and to provide a brief description of Federal Appraisal & Consulting LLC on their statements of qualifications. Partners will not make offers to provide services to prospective clients and will not provide services to clients as Partners or as representatives of Federal Appraisal & Consulting LLC, without the prior consent of the Managing Partner of Federal.

 

Understanding of Non-Competitive and Good-Faith Relationship

Both Federal and Partners recognize that their success together depends on good-faith practices between them.  Partners recognize that Federal requires it good-faith non-competitive relationship between Federal and its Partners, in order to effectively bring Federal's services to the market and to preserve Federal's well-being.  

Partners will not compete with Federal for clients or engagements, when the Partner is or will be working with Federal for the client or on the engagement.  For period of one year after an Partner has worked with Federal for a client, an Partner will not provide or offer to provide services similar to those that the Partner and Federal provided.  For a period of one year after an Partner has worked with Federal for client, an Partner will not provide or offer to provide any service to the client without prior notification to Federal.  Lastly, Partners will not use information and relationships provided by Federal, or developed by Partners while working with Federal, to compete with Federal for Federal's clients. 

 

Conversely, Federal will not use information and relationships provided by Partners, or developed by Federal while working with Partners, to compete with Partners for Partners’ clients.

Partners Responsibility for Services Rendered and Products Provided

 

Partners are fully responsible for all services and products provided by partners. Partners are not responsible for services or products provided by other partners or by Federal. Partners remain responsible for their services and products when their services and products are combined with the services and products provided by other partners and by Federal.