2019-052 Authorize The Coroporation of the Township of Oro-Medonte to enter into the amended agreement with Chums FinancingThe Corporation of the Township of Oro-Medonte
By -Law No. 2019-52
A By-law to authorize The Corporation of the Township of Oro-
Medonte (The Corporation), as Investor, to enter into the
Amended and Restated Agency Agreement ("Amended
Agreement"), as defined herein, with CHUMS Financing
Corporation and Local Authority Services, as Agent, with respect
to "The One Investment Program" and to authorize the Treasurer
Cto execute the necessary documents for that Purpose
(The One Investment Program)
Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended and Ontario
Regulation 438/97 as amended provides that the power of a municipality to invest
money includes the power to enter into an agreement with any other municipality,
and with any school board, college, university, hospital or such other person or
classes of them as may be prescribed by regulation for the joint investment of
money by those parties or their agents;
And Whereas the Corporation had previously entered into an Agency Agreement
dated as of May 31, 1999 (the "Original Agreement") between CHUMS Financing
Corporation, a duly incorporated subsidiary of the Municipal Finance Officers'
Society of Ontario, and Local Authority Services Limited, a duly incorporated wholly-
owned subsidiary of the Association of Municipalities of Ontario, as Agent, and
eligible Investors, and defined therein, to permit the Corporation to be an investor,
through "ONE - The Public Sector Group of Funds" investment funds for joint
investments as set out in schedules to the Agency Agreement (now known as "The
One Investment Program");
And Whereas the Original Agreement between CHUMS Financing Corporation and
Local Authority Services, as Agent, and the Corporation, as investor, with respect to
The One Investment Program has been amended and restated (Amended
Agreement);
And Whereas the Council of the Corporation deems it in the interest of the
Corporation to enter into the Amended Agreement and to enroll in The One
Investment Program;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as
follows:
That the Amended Agreement attached hereto as Schedule 1 is hereby
authorized.
2. That the Treasurer is hereby authorized and directed to enter into and
execute the Amended Agreement and any other necessary documents,
including without limitation, enrollment documents and documents in
connection with payment services for The One Investment Program, and to
do anything necessary or desirable, on behalf of the Corporation, to give
effect to the purpose, and the Treasurer is hereby authorized to affix the
corporate seal of the Corporation to the Amended Agreement and to any
other documents which are necessary or desirable to give effect to the
Amended Agreement or to the purpose.
01 3. That this by-law shall take effect on the final passing thereof.
4. That By-law No. 2006-048 is hereby repealed.
By -Law Read a First, Second and Third time, and Passed this 22nd day of May,
2019.
The Corporation of the Township of Oro-Medonte
C! Mayor, H. . H bhes
C
AMENDED AND RESTATED AGENCY AGREEMENT
Dated as of May 22, 2019
Between
CHUMS FINANCING CORPORATION and
LOCAL AUTHORITY SERVICES
as Agent
and
The Corporation of the
Township of Oro-Medonte
("Investor)
TABLE OF CONTENTS
SECTION 1 - INTERPRETATION 1
1.01 Definitions. 1
(a) Agent 1
(b) Agreement 1
(c) Banking Day 1
(d) CHUMS 1
(e) Custodian 2
(f) Eligible Investor 2
(g) Investment Account 2
(h) Investment Counsel 2
(i) Investment Mandate 2
(j) Investment Mandate Schedule 2
(k) Investment Program 2
(1) Investment Program Agreements 2
(m) Investment Program Committee 2
(n) Investor 2
(o) LAS 2
(p) Municipal Act 3
(q) Payment Servicer 3
(r) Recordkeeper 3
(s) Valuator 3
1.02 Governing Law 3
1.03 Headings and Table of Contents 3
1.04 Number and Gender 3
1.05 Severability 3
SECTION 2 - AGENT 3
2.01 Appointment of Agent, etc. 3
2.02 Investment Program Committee 3
2.03 Resignation of Agent 4
2.04 Automatic Termination of CHUMS or LAS as Agent 4
2.05 Successors 5
2.06 Termination of Agreement 5
2.07 Obligations survive 5
2.08 No rights to assets 5
SECTION 3 INVESTORS 5
3.01 Becoming an Investor 5
3.02 No obligation to invest 6
3.03 Ceasing to be an Investor. 6
3.04 Representations and Warranties of Investor 6
3.05 Limitation on liability 6
3.06 Addition of parties to this Agreement 7
3.07 List of Investors and Investor information 7
SECTION 4 - THE CUSTODIAN, PAYMENT SERVICER, VALUATOR, RECORDKEEPER
AND INVESTMENT COUNSEL 7
4.01 Authority 7
4.02 Custodian 7
4.03
4.04
4.05
4.06
SECTION 5
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
SECTION 6
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
Payment Servicer 7
Valuator. 7
Recordkeeper 7
Investment Counsel 8
(a) Registration 8
(b) Insurance 8
- THE INVESTMENT MANDATES 8
Investment Mandates 8
Investment policy 8
Fees and expenses 8
Amendments 8
Investment and withdrawal of funds 8
Income on investments 9
Default in payment 9
Wind-up of an Investment Mandate by Agent 9
-GENERAL 9
Notice 9
(a) Address for notices 9
(b) Effective date 10
No partnership or deemed agency 10
No fiduciary duties. 10
No assignment 10
Further action 10
Benefit 11
Attornment 11
Counterparts 11
AMENDED AND RESTATED AGENCY AGREEMENT
This agreement dated as of is between
May 22, 2019
CHUMS FINANCING CORPORATION and
LOCAL AUTHORITY SERVICES
as Agent
and
The Corporation of the
Township of Oro-Medonte
("Investor)
RECITALS
A. In 1999, CHUMS and LAS combined their efforts to act as agent for municipalities in connection
with the investment of municipal and public sector funds in Ontario under an investment program now
known as "The One Investment Program".
B. Pursuant to an Agency Agreement dated as of May 31, 1999, as amended (the "Original Agreement")
various Investors appointed CHUMS and LAS as their agent for making such investments.
FOR VALUE RECEIVED, the parties agree that the Original Agreement is amended and restated as follows:
SECTION 1 - INTERPRETATION
1.01 Definitions. In this Agreement,
a) Agent means both CHUMS and LAS acting together and any successor agent or agents
appointed under Section 2.05 or CHUMS or LAS if it is a remaining entity under Section 2.03 or 2.04;
b)
Agreement means this amended and restated agency agreement, any Investment Mandate
Schedules and any other schedules attached to this agreement from time to time as the agreement, the
Investment Mandate Schedules or any of the other schedules may be added, amended, deleted,
supplemented, restated, renewed or replaced from time to time;
c) Banking Day means a day on which the Payment Servicer and the Custodian are open for
business in Toronto, Ontario, other than a Saturday or a Sunday or a statutory holiday in Toronto,
Ontario;
d) CHUMS means CHUMS Financing Corporation and its successors;
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e)
fl
Custodian at any time means a financial institution which at such time has been approved by
the Agent to provide custodial and other custody related services in connection with the Investment
Program;
Eligible Investor means, in respect of the Investment Program, a municipality, college,
hospital, school board, or university, as defined under the Municipal Act or such other persons or
classes of persons as may be prescribed under the Municipal Act, with which an Ontario municipality
is permitted to enter into an agreement for the joint investment of money;
g) Investment Account means with respect to an Investor an account maintained in the records
of the Recordkeeper evidencing the Investor's percentage ownership interest in the investments made
in accordance with an Investment Mandate;
h) Investment Counsel means at any time one or more professional investment management
firms registered in Ontario as portfolio managers, which at such time has been approved by the Agent
to provide investment management services for an Investment Mandate;
i) Investment Mandate means an investment mandate comprising the Investment Program as
more particularly described in the relevant Investment Mandate Schedule;
j)
Investment Mandate Schedule means a schedule to this Agreement, as added, amended,
deleted, supplemented, restated, renewed or replaced from time to time, describing a particular
Investment Mandate including the objectives, eligible investments and such other information as the
Agent considers necessary or desirable;
k) Investment Program means an arrangement for joint investment carried on under the program
name of "The One Municipal Investment Program" arranged by the Agent for use by the Investors;
1)
Investment Program Agreements means the agreements entered into, from time to time, by
the Agent, as agent for the Investors, with the Custodian, the Payment Servicer, Valuator,
Recordkeeper, Investment Counsel and such other persons as the Agent considers appropriate for the
purpose of carrying out the objectives of the Investment Program and each Investment Mandate within
the Investment Program;
m) Investment Program Committee means the committee described in Section 2.02;
n) Investor means an Eligible Investor which has received a duly executed notice from the
Recordkeeper under Section 3.01(c) advising the Eligible Investor that it is an Investor and of its
account number(s) and authorization code(s) and which has not ceased to be an Investor under Section
2.06 or Section 3.03;
o) LAS means Local Authority Services and its successors;
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p)
q)
r)
Municipal Act means the Municipal Act, R.S.O. 1990, c. M.45, as amended from time to
time.
Payment Servicer means at any time a Canadian financial institution which at such time has
been approved by the Agent to facilitate the transfer of assets of an Investor between an Investor's
financial institution and an Investor's Investment Account;
Recordkeeper means at any time an entity approved by the Agent from time to time to provide
recordkeeping services in respect of the Investment Program including receiving and implementing
Investor instructions, keeping records of Investor holdings and providing monthly reporting to
Investors.
s) Valuator means at any time an entity approved by the Agent from time to time to provide
valuation services in respect of the Investors' Investment Accounts.
1.02 Governing Law. This Agreement is governed by, and is to be construed and interpreted in
accordance with, the laws of the Province of Ontario and the laws of Canada applicable in the Province of
Ontario.
1.03 Headings and Table of Contents. The division of this Agreement into sections, subsections,
paragraphs, subparagraphs, clauses and schedules, the insertion of headings and the provision of a table of
contents are for convenience of reference only and are not to affect the construction or interpretation of this
Agreement.
1.04 Number and Gender. Unless otherwise specified, words importing the singular include the plural
and vice versa and words importing gender include all genders.
1.05 Severability. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any
jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or
enforceability of the remaining provisions of this Agreement.
SECTION 2 - AGENT
2.01 Appointment of Agent, etc. Each Investor irrevocably appoints and authorizes the Agent to take all
action as an agent on its behalf and to exercise all powers and rights and to perform all duties and to enable
Investors to invest money in accordance with the terms of this Agreement and the Investment Program
Agreements together with all powers reasonably incidental thereto. In addition to the foregoing, each Investor
agrees that CHUMS and LAS may enter into such agreements and arrangements and do all such things,
whether as principal or agent, as may be necessary or desirable to facilitate payments for investments,
maintenance of investments in respect of Investment Mandates and withdrawals from Investment Accounts.
2.02 Investment Program Committee. Each Investor authorizes the Agent to appoint from time to time
an Investment Program Committee and, subject to any provision in this Agreement, to delegate to the
Investment Program Committee any or all of the powers, rights and responsibilities of the Agent for the
Investment Program under this Agreement. Subject to Sections 2.03 and 2.04, CHUMS and LAS shall each
appoint an equal number of members. Each member must be a senior officer who is employed by an Ontario
Page 3
municipality, college, hospital, school board or university or another person agreed to by each of CHUMS and
LAS.
2.03 Resignation of Agent. If either CHUMS or LAS becomes unwilling to continue to participate as
Agent, the remaining entity shall continue as Agent and shall be responsible for the appointment of all of the
members of the Investment Program Committee. The Agent may resign as agent at any time by giving at least
30 days prior written notice to each Investor specifying the date on which the resignation is to be effective and
by giving notice in accordance with Section 5.08 to wind-up the Investment Program.
2.04 Automatic Termination of CHUMS or LAS as Agent. If:
(a) CHUMS or LAS
(1) becomes unable, or admits, in writing, its inability to pay its debts generally as they
become due,
(2) makes a general assignment for the benefit of creditors,
(3)
files a notice of intention, voluntary petition in bankruptcy or a petition seeking
liquidation, reorganization or an arrangement with creditors to take advantage of any
insolvency or other law, or
(4) takes any action for the purpose of effecting any of the foregoing; or
(b) any proceedings (other than proceedings which either CHUMS or LAS demonstrates to the
satisfaction of the other to be frivolous or vexatious) are instituted by or against CHUMS or
LAS seeking to adjudicate it as bankrupt or insolvent or seeking liquidation, winding -up,
reorganization, arrangement, adjustment, protection, relief or composition of it or its debts
under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or
applying for, consenting to or seeking the entry of an order for relief by, the appointment of a
receiver, receiver and manager, receiver -manager, liquidator, sequestrator, custodian, trustee
or similar agent or official for all or a substantial or significant part of its assets; or
(c) any secured creditor, encumbrancer or lienor or any receiver, receiver and manager, receiver -
manager, liquidator, sequestrator, custodian, trustee or similar agent or official appointed by
or acting for any secured creditor, encumbrancer or lienor takes possession of, or forecloses or
retains, or sells or otherwise disposes of, or otherwise proceeds to enforce security over, all or
a substantial or significant part of the assets of CHUMS or LAS or gives notice of its intention
to do any of the foregoing;
that party shall on the happening of such event be automatically terminated as Agent and no notice or other
action shall be required on the part of CHUMS, LAS or any Investor to effect the termination of that party as
Agent. If either CHUMS or LAS is terminated as Agent under this Section 2.04, the remaining entity shall
Page 4
remain the Agent and shall be responsible for the appointment of all the members of the Investment Program
Committee.
2.05 Successors. The Agent may appoint a successor agent. When the successor agent accepts the
appointment as Agent, the successor agent shall succeed to and become vested with all the rights, powers and
responsibilities of the resigning agent, and the resigning agent shall be discharged from its responsibilities and
obligations under this Agreement. After any resigning agent's resignation as Agent, this Agreement shall
continue in effect for its benefit and for the benefit of the Investors in respect of any actions taken or omitted to
be taken by the resigning agent while it was acting as the Agent.
2.06 Termination of Agreement. The Agent may terminate an Investor's right to request that investments
be made and the right to maintain investments in accordance with an Investment Mandate by giving the
Investor at least 30 days prior written notice of the termination date. As of the termination date, (a) the
Investor receiving the notice may make no further investment requests and must promptly withdraw (in
accordance with Section 5.05 and Schedule C and any other provisions from time to time relating to
withdrawal of funds) all funds which it is entitled to withdraw and (b) the Investor is no longer an Investor for
the purpose of this Agreement. The termination of an Investor as an Investor shall, as of the date of
termination and subject to Section 2.07, terminate this Agreement between the Agent and the Investor. Such
termination will not affect the Agreement as between the Agent and the remaining Investors.
2.07 Obligations survive. All obligations (whether contingent or matured, absolute or not) existing
immediately before an Investor ceases to be an Investor under Section 3.03 or a termination under Section 2.06
shall survive such withdrawal or termination.
2.08 No rights to assets. None of the Agent, the Custodian, the Payment Servicer, the Valuator, the
Recordkeeper or Investment Counsel shall have any beneficial or personal right, title or interest in or to the
assets in any Investment Account, other than as specifically set out in an Investment Program Agreement or in
the Investment Mandate Schedules.
SECTION 3 - INVESTORS
3.01 Becoming an Investor. An Eligible Investor is an Investor in respect of the Investment Program
when:
(a) The person or persons authorized to execute this Agreement on behalf of the Eligible Investor
has duly executed a counterpart to this Agreement;
(b) The person or persons authorized to execute this Agreement on behalf of the Eligible Investor
has completed all of the other necessary documents required by the Agent to become an
Investor including, without limitation,
(1) an information sheet on the Eligible Investor,
Page 5
(2) a certificate confirming passage and enforceability of a by-law substantially in the
form of the sample by-law provided to the Eligible Investor by the Agent on behalf of
The One Investment Program, and designating persons who are authorized to give
investment, withdrawal or transfer instructions and confirming that all necessary
actions have been taken by the Eligible Investor to authorize such persons to give
investment, withdrawal or transfer instructions,
(3)
a pre -authorized debit authorization letter from the Eligible Investor to its financial
institutions and others; and
(c) The Recordkeeper has notified the Eligible Investor that it is an Investor and of its account
number(s) and authorization code(s).
3.02 No obligation to invest. An Investor has no obligation to invest in any Investment Mandate.
3.03 Ceasing to be an Investor. At any time at which an Investor has no investments or funds in its
Investment Account(s) and has given no investment instructions it may, by notice to the Agent, cease to be an
Investor.
3.04 Representations and Warranties of Investor. Each Investor represents and warrants to the Agent
that,
(a) the Investor has taken all actions necessary to authorize it to enter into this Agreement,
(b) the Investor is authorized to make investments in accordance with any of the Investment
Mandates which it has designated to either the Agent or the Recordkeeper as being
Investment Mandates which it is authorized to invest, and any money which the Investor
designates to be invested in an Investment Mandate is money which may be so invested in
that Investment Mandate, and
(c) the Investor has adopted a statement of its investment policies and goals in accordance with
the applicable legislation and such policies and goals permit the Investor to invest in all
investments which are eligible investments for municipalities under the Municipal Act.
The Investor shall be deemed to have repeated the representation and warranty in Section 3.04(a), (b) and (c)
each time it issues investment instructions relating to any Investment Mandate. The Agent shall have no
obligation to make any inquiry to confirm the truth or accuracy of any representation or warranty. The Agent
shall not be liable for any loss or damages suffered by the Investor or any other person claiming through the
Investor or any other Investor as a result of any act, including without limitation, the execution of this
Agreement by a person purporting to have authority to act on the Investor's behalf.
3.05 Limitation on liability. The Agent, the Custodian, the Payment Servicer, the Valuator, the
Recordkeeper and the Investment Counsel may, in their discretion, honour instructions purporting to be issued
by an Investor given by telephone, facsimile or other electronic transmission, without the necessity of any
verification or enquiry. None of the Agent, the Custodian, the Payment Servicer, the Valuator, the
Page 6
Recordkeeper or the Investment Counsel shall incur any liability to an Investor by reason of acting or not acting
on or any error in such instructions, and the Investor shall indemnify and hold harmless each of the Agent, the
Custodian, the Payment Servicer, the Valuator, the Recordkeeper and the Investment Counsel from any loss,
cost, damage, or expense that any of them may suffer or incur by relying on such instructions.
3.06 Addition of parties to this Agreement. Eligible Investors may be added as parties to this Agreement
from time to time after the date of this Agreement. Each of the Agent and the Investor agrees that this
Agreement is binding on it regardless of when it became a party to this Agreement and the addition of other
Eligible Investors as parties to this Agreement. Upon becoming an Investor, the Investor shall become a party
to and shall be bound by this Agreement as if it had been an original party to this Agreement.
3.07 List of Investors and Investor information. The Agent will keep an up-to-date list of the names of
Investors and may make the list available to Eligible Investors and other persons. The Agent shall ensure, to
the best of its ability, the confidentiality of all other information pertaining to an Investor and the Investor's
investments through the Investment Program whether the Investor continues to be an Investor or the Investor
has ceased to be an Investor. This does not apply to information which is otherwise available to the public or
to information which the Agent is required by law to disclose.
SECTION 4 - THE CUSTODIAN, PAYMENT SERVICER, VALUATOR, RECORDKEEPER AND
INVESTMENT COUNSEL
4.01 Authority. Each Investor authorizes the Agent to enter into Investment Program Agreements, from
time to time, as agent of the Investor.
4.02 Custodian. The Agent will not enter into an Investment Program Agreement with a Custodian unless
at the time of entering into the Investment Program Agreement the Custodian is a Canadian chartered Schedule
I bank or trust company registered under the laws of Ontario.
4.03 Payment Servicer. The Agent will not enter into an Investment Program Agreement with a Payment
Servicer unless the Payment Servicer is a Canadian chartered Schedule I bank or other regulated Canadian
financial institution.
4.04 Valuator. The Agent will not enter into an Investment Program Agreement with a Valuator unless the
Valuator has satisfied the Agent of the ability of the Valuator to provide and maintain accurate valuation
services for the Investment Accounts.
4.05 Recordkeeper. The Agent will not enter into an Investment Program Agreement with a Recordkeeper
unless the Recordkeeper has satisfied the Agent of the ability of the Recordkeeper to provide and maintain
accurate recordkeeping and instruction services.
Page 7
4.06 Investment Counsel.
(a) Registration. The Agent will not enter into an Investment Program Agreement with an Investment
Counsel unless the Investment Program Agreement requires the Investment Counsel to maintain at all times its
status in Ontario as a registered portfolio manager while it is Investment Counsel for the Investment Program.
(b) Insurance. The Agent will not enter into an Investment Program Agreement with any Investment
Counsel unless the Investment Program Agreement requires the Investment Counsel to maintain, in full force
and effect, bonding or insurance in such amounts and of such types as are required from time to time by
appropriate regulatory authorities.
SECTION 5 - THE INVESTMENT MANDATES
5.01 Investment Mandates. The Investor agrees with the Agent and all other Investors that each
Investment Mandate is an aggregation of assets. At any time, each Investor who has made investments in
accordance with a specific Investment Mandate has at that time, subject to Section 5.07, a percentage
ownership interest in all investments made in accordance with that Investment Mandate at that time
proportional to the amount of investments made in accordance with that Investment Mandate by the Investor at
that time. Each Investor agrees that investments made in accordance with an Investment Mandate will be
valued as set out in the Investment Mandate Schedule. Subject to the payment of any reasonable fees imposed
by the Agent, an Investor has the right to require distribution of specific investments within its Investment
Account.
5.02 Investment guideline. The investment guideline of an Investment Mandate will be set out in the
Investment Mandate Schedule for that Investment Mandate. The policy may be subject to further restrictions
approved from time to time by the Agent. A copy of the investment guideline, as amended from time to time,
will be made available to the Investors. Any agreement with the Investment Counsel will permit Investment
Counsel to make investments based only on the investment guideline. None of the Agent, the Custodian, the
Payment Servicer, the Valuator or the Recordkeeper is responsible for investment decisions.
5.03 Fees and expenses. For each Investment Mandate, the Agent shall establish and disclose in the
Investment Mandate Schedule for that Investment Mandate, the maximum aggregate fees and expenses
payable, out of the investments made in accordance with that Investment Mandate, to the Custodian, the
Payment Servicer, the Valuator, the Recordkeeper, the Investment Counsel and the Agent. The Agent may
change the maximum aggregate fees and expenses stated in an Investment Mandate Schedule upon providing
such prior notice to all Investors as is set out in the Investment Mandate Schedule.
5.04 Amendments. The Agent may from time to time, upon providing 30 days prior written notice to all
Investors, amend the Agreement by adding schedules and amend, delete, supplement, restate, renew and
replace schedules to this Agreement.
5.05 Investment and withdrawal of funds. Each Investor shall abide by the procedures for issuing
investment, withdrawal and transfer instructions set out in the applicable Investment Mandate and in Schedule
C. Before an Investor provides investment instructions and arranges for any transfer from its account at its
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financial institution to the Agent or the Custodian, the Investor shall ensure that sufficient funds are then
available to cover the amount of such investment.
5.06 Income on investments. Subject to Section 5.07, at any time each Investor has a percentage
ownership interest in the income on all investments made in accordance with an Investment Mandate
proportional to the Investor's percentage ownership interest in the aggregate investments made in accordance
with an Investment Mandate at that time. Income on investments will be automatically re -invested in
accordance with an Investment Mandate on the same basis as investments.
5.07 Default in payment. If an Investor requests that an investment be made and
(a) there are insufficient funds in the Investor's account at its financial institution to pay when due
for the investment placed by the Investor through the Investment Program, or
(b) the Investor's financial institution is insolvent or for any other reason the Investor provides no
or insufficient funds to pay when due for the investment placed by the Investor through the
Investment Program,
then the Investor, with respect to that investment, has no interest in the Investment Program or in any
Investment Mandate or income relating thereto or proceeds thereof. The Investor agrees to indemnify the
Agent, the Custodian, the Valuator, the Payment Servicer, the Recordkeeper and the Investment Counsel, and
to hold the Agent, the Custodian, the Valuator, the Payment Servicer, the Recordkeeper and the Investment
Counsel harmless from all losses and expenses (including interest, charges and any loss in value of the
investment) incurred by the Agent, on its own account or on behalf of the Investor, the Custodian, the
Valuator, the Payment Servicer, the Recordkeeper or the Investment Counsel resulting from default or delay in
payment. The Agent may assign its rights under this indemnity to any person. In addition, the Investor agrees
to pay the Agent a fee in an amount set by the Agent from time to time as a fee payable in respect of any delay
or default in payment for an investment whether as a result of Section 5.07(a) or Section 5.07(b). The Agent
may authorize the debiting of the credit balance in an Investor's Investment Account and apply the amounts so
debited toward the payment of amounts (whether absolute, contingent, matured or not) payable by the Investor
under this Section 5.07.
5.08 Wind-up of an Investment Mandate by Agent. The Agent may, on at least 30 days prior written
notice to all Investors, announce that it intends to discontinue an Investment Mandate, discontinue an
Investment Mandate on the date set out in the notice. The Agent shall within five days of the date of
discontinuance distribute the proceeds of the sale of the investments made in accordance with the Investment
Mandate to those Investors with investments in the Investment Mandate to the extent of each Investor's
percentage ownership interest at the time of discontinuance of the Investment Mandate.
SECTION 6 - GENERAL
6.01 Notice.
(a) Address for notices. Any notice or other communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered or sent by registered mail, postage prepaid or facsimile
(with follow-up mailed copy unless otherwise specified in this Agreement or in an Investment Mandate
Page 9
Schedule) to the addresses or facsimile numbers set out in the information sheets in respect of each Investor
kept by the Agent and in the case of the Agent to:
One Investment Program c/o LAS
200 University Ave., Suite 801
Toronto, ON M5H 3C6
Attention: President, LAS
Facsimile: (416) 971-6191
Changes to the addresses and facsimile numbers may be made in the manner set out in this Section 6.01.
(b) Effective date. Any such notice or other communication shall be deemed to have been given and
received, if delivered, on the day of delivery (or, if the day is not a Banking Day, on the next following
Banking Day) or, if mailed, on the second Banking Day following the day in which it is mailed. If a strike or
lockout of postal employees is in effect or generally known to be impending on the date of mailing, any such
notice or other communication shall be delivered and not sent by mail. If sent by facsimile before 5:00 p.m.
Toronto, Ontario time on a Banking Day, the notice or other communication shall be deemed to have been
received on that day, and if sent after 5:00 p.m. Toronto, Ontario time on a Banking Day, it shall be deemed to
have been received on the Banking Day next following the date of transmission.
6.02 No partnership or deemed agency. The execution of this Agreement and the other arrangements
with respect to the Investment Program are not intended to create and shall not be treated as having created a
general or limited partnership, joint venture, corporation, joint stock company, investment trust or mutual fund,
nor shall:
(a) the Agent, the Custodian, the Payment Servicer, the Valuator, the Recordkeeper nor
Investment Counsel, or their respective agents and employees, except as provided in this
Agreement, or
(b) any other Investor,
under any circumstances be deemed the agent or representative of, or have the right to enter into any contract
or commitment on behalf of, an Investor.
6.03 No fiduciary duties. The Agent shall not by reason of this Agreement or any of the discussions
leading to or in connection with this Agreement have a fiduciary or trust relationship with the Investors, or any
other person, or any other obligation other than as specifically stated in this Agreement.
6.04 No assignment. No party may dispose of the whole or any part of its rights or obligations under this
Agreement without the express written consent of the Agent except as may otherwise be provided for in this
Agreement.
6.05 Further action. Each party shall at all times promptly execute and deliver and cause to be executed
and delivered such documents and take and cause to be taken such action as may be necessary or appropriate to
give effect to the provisions of this Agreement.
Page 10
6.06 Benefit. This Agreement shall enure to the benefit of and be binding upon each party and their
respective successors and permitted assigns.
6.07 Attornment. Each party irrevocably attorns and submits to the non-exclusive jurisdiction of the courts
of the Province of Ontario.
6.08 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed to be an original and all of which together shall constitute one Agreement.
Page 11
The parties have executed this Agreement.
CHUMS FINANCING CORPORATION
LOCAL AUTHORITY SERVICES
BY:
BY:
Donna Herridge
Signed with Consign° Cloud (2019/05/22)
Verify with Consign° or Adobe Reader.
Donna Herridge, Executive Director
Judy Dezell
Signed with Consign° Cloud (2019/05/23)III*
Verify with Consign° or Adobe Reader.
Judy Dezell, Director
COUNTERPART OF THE AMENDED AND RESTATED AGENCY AGREEMENT
DATED AS OF May 22, 2019
BETWEEN
CHUMS FINANCING CORPORATION AND LOCAL AUTHORITY SERVICES
BY (SIGNATURE):
PRINT NAME:
PRINT TITLE:
-AND-
The Corporation of the
Township of Oro-Medonte
("Investor)
Mark DesLauriers
Signed with Consign° Cloud (2019/05/22)
Verify with Consign° or Adobe Reader.
Mark DesLauriers
CFO / Treasurer
The Corporation of the
Township of Oro-Medonte
ORGANIZATION:
Page 12
SCHEDULE A
MONEY MARKET MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the Money Market Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. The principal objective of the Money Market Mandate is to provide Investors with
investments in highly -rated money market instruments permitted under the Municipal Act.
3. Permissible Securities for Investments. Funds invested in accordance with the Money Market
Mandate will only be invested in those securities which are permitted under the Municipal Act and
the regulations made under that Act.
4. Valuation. Valuations of the investments made in accordance with the Money Market Mandate
will be performed on a mark -to -market basis net of accrued fees and expenses and in accordance
with prudent valuation practices and methods consistent with those followed by investment funds
with investment objectives and portfolio holdings similar to the Money Market Mandate.
5. Time of Valuation. The value of the investments made in accordance with the Money Market
Mandate will be calculated by the Valuator at such time as the Valuator may in its discretion
determine on each Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the
Money Market Mandate and ending on and including the day on which invested funds are returned
to the Investor. The calculation of investment income of the investments made in accordance with
this Mandate and of each Investor's proportional interest in such income will take place after the
close of business on each Banking Day. Income will be credited to each Investor's Investment
Account effective on the last calendar day of each month. Income credited to an Investor's
Investment Account remains in such account as part of the Investor's investment until all of the
Investor's investment is withdrawn. If the Investor is withdrawing all of the remaining funds in
the Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the Money Market Mandate to the Custodian, Valuator, Payment
Servicer, Recordkeeper, Investment Counsel and Agent will not exceed 0.19 of one percent, on an
annual basis, of the daily balance of the investments made in accordance with the Money Market
Mandate. Other than those fees and expenses and any amounts payable in the event of default or
delay in payment under Section 5.07 of the Agreement, no fees and expenses will be charged by
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The
fees and expenses referred to in this Section 10(a) do not include any fees and expenses charged to
the Investor by the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the Money Market Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the Money Market Mandate and such other information about the
Investment Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Money Market Mandate
on the next Banking Day. Where investment instructions are issued by the Investor and received
by the Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Money Market Mandate
on the second Banking Day immediately following the day on which the instructions were issued
by the Investor. The availability of funds for investment in accordance with the Money Market
Mandate is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
Schedule A — Money Market Mandate
Amended March 1, 2010
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
Money Market Mandate to be credited to the Investor's Bank Account on the next Banking Day.
Where investment instructions are issued by the Investor and received by the Recordkeeper after
4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to
effect the transfer of the funds so instructed by the Investor from the Money Market Mandate to be
credited to the Investor's Bank Account on the second Banking Day immediately following the
day on which instructions were issued by the Investor. The availability of funds for credit to
Investor's Bank Account is subject to the clearing requirements and practices of the Investor's
financial institution and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide three Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in the Money Market Mandate to another Investment Mandate, such
transfer shall be made in accordance with the time restrictions for making withdrawals under this
Investment Mandate Schedule and the time restrictions for making investments under the
Investment Mandate Schedule for the other Investment Mandate. The Recordkeeper, in executing
such transfer instructions, will cause such transfers to occur directly between the Investment
Mandates and not by way of the Payment Servicer and the Investor's Bank Account(s).
::ODMA\PC DOCS\TOR0 1 \4238843\2
Schedule A — Money Market Mandate
Amended March 1, 2010
SCHEDULE B
BOND MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the Bond Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. The principal objective of the Bond Mandate is to provide Investors with investments
in highly -rated fixed income and money market securities permitted under the Municipal Act with
maturities generally less than or equal to five years.
3. Permissible Securities for Investments. Funds invested in accordance with the Bond Mandate
will only be invested in those securities which are permitted under the Municipal Act and the
regulations made under that Act.
4. Valuation. Valuations of the investments made in accordance with the Bond Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the Bond Mandate.
5. Time of Valuation. The value of investments made in accordance with the Bond Mandate will be
calculated by the Valuator at such time as the Valuator may in its discretion determine on each
Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the Bond
Mandate and ending on and including the day on which invested funds are returned to the
Investor. The calculation of investment income of the investments made in accordance with this
Mandate and of each Investor's proportional interest in such income will take place after the close
of business on each Banking Day. Income will be credited to each Investor's Investment Account
effective on the last calendar day of each month. Income credited to an Investor's Investment
Account remains in such account as part of the Investor's investment until all of the Investor's
investment is withdrawn. If the Investor is withdrawing all of the remaining funds in the
Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the Bond Mandate to the Custodian, Valuator, Payment Servicer,
Recordkeeper, Investment Counsel and Agent will not exceed 0.4 of one percent, on an annual
basis, of the daily balance of the investment made in accordance with the Bond Mandate. Other
than those fees and expenses and any amounts payable in the event of default or delay in payment
under Section 5.07 of the Agreement, no fees and expenses will be charged by the Custodian,
Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The fees and expenses
referred to in this Section 10(a) do not include any fees and expenses charged to the Investor by
the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the Bond Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the Bond Mandate and such other information about the Investment
Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Bond Mandate on the next
Banking Day. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct
the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor from the
Investor's Bank Account to be invested in accordance with the Bond Mandate on the second
Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the Bond Mandate is subject
to the clearing requirements and practices of the Investor's financial institution and the Payment
Servicer.
Schedule B — Bond Mandate 2
Amended March 1, 2010
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
Bond Mandate to be credited to the Investor's Bank Account on the next Banking Day. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 4:00
p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the Bond Mandate to be credited to the
Investor's Bank Account on the second Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide three Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in the Bond Mandate to another Investment Mandate, such transfer shall be
made in accordance with the time restrictions for making withdrawals under this Investment
Mandate Schedule and the time restrictions for making investments under the Investment Mandate
Schedule for the other Investment Mandate. The Recordkeeper, in executing such transfer
instructions, will cause such transfers to occur directly between the Investment Mandates and not
by way of the Payment Servicer and the Investor's Bank Account(s).
::ODMA\PCDOCSITOR011423888112
Schedule B — Bond Mandate 3
Amended March 1, 2010
SCHEDULE C
ISSUING INVESTMENT, WITHDRAWAL AND TRANSFER
INSTRUCTIONS TO THE RECORDKEEPER
1. Instructions. An investor may issue investment, withdrawal and transfer instructions:
(a) by fax to the Recordkeeper between the hours of 8:00 a.m. (Toronto time) and 4:00 p.m. (Toronto
time), or
(b) by such other means as the Agent may prescribe from time to time.
2. Instructions to Recordkeeper. All investment, withdrawal and transfer instructions issued by an
Investor to the Recordkeeper under Section 1 (a) or (b) are irrevocable and the Investor shall be
responsible for the accuracy of any instructions issued. All investment instructions issued to the
Recordkeeper under Section 1(a) will be kept on file by the Recordkeeper.
3. Execution by Recordkeeper. Fax instructions issued to the Recordkeeper will be executed
without prior confirmation by the Recordkeeper and the Investor accepts responsibility for all fax
instructions which purport to have been given by the Investor whether or not such instructions
were authorized. The Recordkeeper will not execute a transaction which does not include all the
Investor Information (as defined below) and transaction information contained in Schedule 7.
4. Instructions to Payment Servicer. All fax instructions from Investors received by the
Recordkeeper involving investments or withdrawals will be communicated by the Recordkeeper to
the Payment Servicer for proper execution as may be required by the Payment Servicer in order to
transfer the funds in accordance with the investment or withdrawal instructions of the Investors.
5. Procedure for Issuing Instructions to Recordkeeper. All fax instructions issued to the
Recordkeeper, must include the following investor information:
(a) the name of the individual issuing the fax instructions as registered by the Investor and accepted
by the Agent;
(b) the name of the Investor's organization as registered by the Investor and approved by the Agent;
and
(c) the signature(s) of the authorized municipal officer(s) corresponding to the Investor's signature
card as registered by the Investor.
Failure by the representative of the Investor to provide via fax the
Recordkeeper with the correct Investor Information will render
any instructions given to the Recordkeeper by the representative of
the Investor null and void.
Investment instruction forms may be made available by the Agent on the Agent's website or by
contacting the Agent.
6. Transaction Information. Where the Investor Information provided by the representative of the
Investor to the Recordkeeper has been verified by the Recordkeeper as being correct, the
Recordkeeper will identify from the fax, the type of transaction (i.e. "an investment" or "a
withdrawal" or "a transfer to another Fund"). If the fax instructions are for:
(a) an investment, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the investment;
(ii) the investment account name into which the investment will be made; and
(iii) banking information.
(b) a withdrawal, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the withdrawal or "ALL" if the instruction pertains to all monies
belonging to the Investor in the Investment Program including any accrued earnings; and
(ii) the Investment Mandate from which the withdrawal is to be made.
(c) a transfer to another Investment Mandate by the same Investor, the Recordkeeper will require the
following information to be provided:
(i)
the dollar amount of the transfer or "ALL" if the instruction pertains to all monies
belonging to the Investor in the Investment Program including any accrued earnings;
(ii) the Investment Mandate from which the transfer is to be made; and
(iii) the Investment Mandate to which the transfer will be made.
7. Deemed Receipt by Recordkeeper. Instructions issued by an Investor to the Recordkeeper shall
be deemed to have been received by the Recordkeeper as soon as the Investor issuing the
instructions has provided the Recordkeeper with all of the information set out in Section 6 above
and they are brought to the attention of the officers of the Recordkeeper to whom they are
addressed.
::ODMAIPCDOC S\TOR01 \423 896412
Schedule C — ISSUING INVESTMENT, WITHDRAWL
AND TRANSFER INSTRUCTION TO THE RECORDKEEPER
Amended March 1, 2010
SCHEDULE D
UNIVERSE CORPORATE BOND (UCB) MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the UCB Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. To seek to provide competitive rates of return by investing in a diversified,
conservatively managed portfolio of bonds, debentures, promissory notes or other evidences of
indebtedness of corporations, governments or agencies thereof or supranational organizations or
agencies thereof, as permitted by applicable regulation from time to time.
3. Permissible Securities for Investments. Funds invested in accordance with the UCB Mandate
will only be invested in securities that are permitted under the Municipal Act and the regulations
made under that Act.
4. Valuation. Valuations of the investments made in accordance with the UCB Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the UCB Mandate.
5. Time of Valuation. The value of investments made in accordance with the UCB Mandate will be
calculated by the Valuator at such time as the Valuator may in its discretion determine on each
Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the UCB
Mandate and ending on and including the day on which invested funds are returned to the
Investor. The calculation of investment income of the investments made in accordance with this
Mandate and of each Investor's proportional interest in such income will take place after the close
of business on each Banking Day. Income will be credited to each Investor's Investment Account
effective on the last calendar day of each month. Income credited to an Investor's Investment
Account remains in such account as part of the Investor's investment until all of the Investor's
investment is withdrawn. If the Investor is withdrawing all of the remaining funds in the
Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the UCB Mandate to the Custodian, Valuator, Payment Servicer,
Recordkeeper, Investment Counsel and Agent will not exceed .45 of one percent, on an annual
basis, of the daily balance of the investments made in accordance with the UCB Mandate. Other
than those fees and expenses and any amounts payable in the event of default or delay in payment
under Section 5.07 of the Agreement, no fees and expenses will be charged by the Custodian,
Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The fees and expenses
referred to in this Section 10(a) do not include any fees and expenses charged to the Investor by
the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the UCB Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the UBC Mandate and such other information about the Investment
Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the UCB Mandate on the next
Banking Day. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct
the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor from the
Investor's Bank Account to be invested in accordance with the UCB Mandate on the second
Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the UCB Mandate is subject
to the clearing requirements and practices of the Investor's financial institution and the Payment
Servicer.
Schedule D — UCB Mandate 2
Amended March 1, 2010
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
UCB Mandate to be credited to the Investor's Bank Account on the next Banking Day. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 4:00
p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the UCB Mandate to be credited to the
Investor's Bank Account on the second Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide ten Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in the UCB Mandate to another Investment Mandate, such transfer shall be
made in accordance with the time restrictions for making withdrawals under this Fund Schedule
and the time restrictions for making investments under the Investment Mandate Schedule for the
other Investment Mandate. The Recordkeeper, in executing such transfer instructions, will cause
such transfers to occur directly between the Investment Mandates and not by way of the Payment
Servicer and the Investor's Bank Account(s).
Schedule D — UCB Mandate 3
Amended March 1, 2010
SCHEDULE E
EQUITY MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the Equity Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. To seek to provide superior long-term investment returns through capital growth and
dividend yield by investing in a diversified, conservatively managed portfolio of equity securities
issued by corporations, as permitted by applicable regulation from time to time.
3. Permissible Securities for Investments. Funds invested in accordance with the Equity Mandate
will be invested only in those securities which are permitted under the Municipal Act and the
regulations made under that Act.
4. Valuation. Valuations of the investments made in accordance with the Equity Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the Equity Mandate.
5. Time of Valuation. The value of investments made in accordance with the Equity Mandate will
be calculated by the Valuator at such time as the Valuator may in its discretion determine on each
Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the
Equity Mandate and ending on and including the day on which invested funds are returned to the
Investor. The calculation of investment income of the investments made in accordance with the
Equity Mandate and of each Investor's proportional interest in such income will take place after
the close of business on each Banking Day. Income will be credited to each Investor's Investment
Account effective on the last calendar day of each month. Income credited to an Investor's
Investment Account remains in such account as part of the Investor's investment until all of the
Investor's investment is withdrawn. If the Investor is withdrawing all of the remaining funds in
the Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the Equity Mandate to the Custodian, Valuator, Payment Servicer,
Recordkeeper, Investment Counsel and Agent will not exceed 0.6 of one percent, on an annual
basis, of the daily balance of the investments made in accordance with the Equity Mandate. Other
than those fees and expenses and any amounts payable in the event of default or delay in payment
under Section 5.07 of the Agreement, no fees and expenses will be charged by the Custodian,
Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The fees and expenses
referred to in this Section 10(a) do not include any fees and expenses charged to the Investor by
the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the Equity Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the Equity Mandate and such other information about the Investment
Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Equity Mandate on the
next Banking Day. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct
the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor from the
Investor's Bank Account to be invested in accordance with to the Equity Mandate on the second
Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the Equity Mandate is
subject to the clearing requirements and practices of the Investor's financial institution and the
Payment Servicer.
Schedule E — Equity Mandate
Amended March 1, 2010
2
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
Equity Mandate to be credited to the Investor's Bank Account on the next Banking Day. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 4:00
p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the Equity Mandate to be credited to
the Investor's Bank Account on the second Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide ten Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in accordance with the Equity Mandate to another Investment Mandate,
such transfer shall be made in accordance with the time restrictions for making withdrawals under
this Equity Mandate Schedule and the time restrictions for making investments under the
Investment Mandate Schedule for the other Investment Mandate. The Recordkeeper, in executing
such transfer instructions, will cause such transfers to occur directly between the Investment
Mandates and not by way of the Payment Servicer and the Investor's Bank Account(s).
Schedule E — Equity Mandate 3
Amended March 1,2010
SCHEDULE F
HIGH INTEREST SAVINGS ACCOUNT (HISA) MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services and the Eligible Investors, as defined in
that agreement, and any schedules attached to it from time to time as that agreement or the
schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the High Interest Savings Account (HISA) Mandate.
(c)
Payment Servicer means an entity approved by the Agent to facilitate the transfer of assets of an
Investor between an Investor's financial institution and an Investor's HISA Account;
(c) Recordkeeper means an entity approved by the Agent to provide recordkeeping services in respect
of the Investment Program including receiving and implementing Investor instructions, and
keeping records of Investor holdings.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. To seek to provide a competitive rate of return through a high interest savings account
offered through a Schedule I bank in conjunction with the One Investment Program.
3. Permissible Securities for Investments. Funds invested in accordance with the HISA Mandate
will only be invested in securities that are permitted under the Municipal Act and the regulations
made under that Act.
4. Valuation. Valuations of the investments made in accordance with the HISA Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the HISA Mandate.
5. Time of Valuation. The value of investments made in accordance with the HISA Mandate will
be calculated by the Valuator at such time as the Valuator may in its discretion determine in
accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Earnings Allocation and Distribution.
(a) Subject to Section 5.07 of the Agreement, interest on an investment made by an Investor accrues
beginning on and including the day on which the Investor's investment is first invested in
accordance with the HISA Mandate and ending on and including the day immediately preceding
the day on which the investor's request for withdrawal is processed. The calculation of accrued
interest earned on the investments made in accordance with this Mandate and of each Investor's
proportional interest in such interest earned will take place after the close of business on the last
Banking Day of each month, and interest will be credited to each Investor's Investment Account
on the third business day following the end of each month. Income credited to an Investor's
Investment Account remains in such account as part of the Investor's investment until all of the
Investor's investment is withdrawn.
(b) Interest will not be paid on any single investment of greater than $25,000,000 if that investment is
not retained in the HISA account for at least 30 days.
9. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the HISA Mandate to the Payment Servicer, Recordkeeper, and Agent
will not exceed .10 of one percent, on an annual basis, of the daily balance of the investments
made in accordance with the HISA Mandate. Other than those fees and expenses and any amounts
payable in the event of default or delay in payment under Section 5.07 of the Agreement, no fees
and expenses will be charged by the Payment Servicer, Recordkeeper, or Agent. The fees and
expenses referred to in this Section 9(a) do not include any fees and expenses charged to the
Investor by the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Payment Servicer, Recordkeeper, Investment Counsel and Agent at any time on providing 30
days notice of the effective date of such change to all Investors.
10. Reporting. Each Investor investing in accordance with the HISA Mandate will:
(a) have access to details of each transaction initiated by the Investor before 12:00 p.m. (Toronto
time) on any Banking Day by electronic means through a password protected web -site established
and maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on/before the third Banking Day following the transaction;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any interest earned credited to it for that month; and
(c) have access to a monthly report from the Agent showing the aggregate performance of the
investments made in accordance with the HISA Mandate and such other information about the
Investment Program that the Agent deems appropriate for all Investors.
11. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Sections 14 through 20,
below.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 12:00 noon (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the HISA Mandate on the
third Banking Day immediately following the day on which instructions were issued by the
Investor. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 12:00 noon (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
Schedule F — High Interest Savings Account (HISA) Mandate 2
Added April 1, 2015
from the Investor's Bank Account to be invested in accordance with the HISA Mandate on the
fourth Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the HISA Mandate is subject
to the clearing requirements and practices of the Investor's financial institution and the Payment
Servicer.
12. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Sections 14 through 20, below.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 12:00 noon (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
HISA Mandate to be credited to the Investor's Bank Account on the second Banking Day
immediately following the day on which instructions were issued by the Investor. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 12:00
noon (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the HISA Mandate to be credited to the
Investor's Bank Account on the third Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide three Banking Days notice to withdraw
funds.
13. Issuing Investment and Withdrawal Instructions to the Recordkeeper. With respect to this
Mandate, Schedule C to the Agreement does not apply and is replaced with Sections 14-20, below.
14. Instructions. An investor may issue investment and withdrawal instructions:
(a) to the Recordkeeper between the hours of 8:00 a.m. (Toronto time) and 4:00 p.m. (Toronto time),
or
(b) by such other means as the Agent may prescribe from time to time.
15. Instructions to Recordkeeper. All investment and withdrawal instructions issued by an Investor
to the Recordkeeper under Section 14 (a) or (b) are irrevocable and the Investor shall be
responsible for the accuracy of any instructions issued. All investment instructions issued to the
Recordkeeper will be kept on file by the Recordkeeper.
16. Execution by Recordkeeper. instructions issued to the Recordkeeper will be executed without
prior confirmation by the Recordkeeper and the Investor accepts responsibility for instructions
which purport to have been given by the Investor whether or not such instructions were
authorized. The Recordkeeper will not execute a transaction which does not include all the
Investor Information, as defined below.
17. Instructions to Payment Servicer. All instructions from Investors received by the Recordkeeper
involving investments or withdrawals will be communicated by the Recordkeeper to the Payment
Servicer for proper execution in order to transfer the funds in accordance with the investment or
withdrawal instructions of the Investors.
18. Procedure for Issuing Instructions to Recordkeeper. All instructions issued to the
Recordkeeper, must include the following investor information:
Schedule F — High Interest Savings Account (HISA) Mandate 3
Added April I, 2015
(a) the name of the individual issuing the instructions as registered by the Investor and accepted by
the Agent;
(b) the name of the Investor's organization as registered by the Investor and approved by the Agent;
and
(c) the signature(s) or email address of the authorized municipal officer(s) corresponding to the
Investor's signature card, or email authorization form, as registered by the Investor.
Failure by the representative of the Investor to provide the Recordkeeper with the correct
Investor Information will render any instructions given to the Recordkeeper by the
representative of the Investor null and void.
Investment instruction forms may be made available by the Agent on the Agent's website or by
contacting the Agent.
19. Transaction Information. Where the Investor Information provided by the representative of the
Investor to the Recordkeeper has been verified by the Recordkeeper as being correct, the
Recordkeeper will identify the type of transaction (i.e. "an investment" or "a withdrawal"). If the
instructions are for:
(a) an investment, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the investment;
(ii) the investment account name into which the investment will be made; and
(iii) banking information.
(b) a withdrawal, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the withdrawal
20. Deemed Receipt by Recordkeeper. Instructions issued by an Investor to the Recordkeeper shall
be deemed to have been received by the Recordkeeper as soon as the Investor issuing the
instructions has provided the Recordkeeper with all of the information set out in Section 19 above
and they are confirmed to be received by the Recordkeeper.
Schedule F — High Interest Savings Account (HISA) Mandate 4
Added April 1, 2015
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2019-52
A By-law to authorize The Corporation of the Township of Oro-Medonte (The
Corporation), as Investor, to enter into the Amended and Restated Agency
Agreement ("Amended Agreement"), as defined herein, with CHUMS Financing
Corporation and Local Authority Services, as Agent, with respect to "The One
Investment Program" and to authorize the Treasurer to execute the necessary
documents for that Purpose
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended and Ontario
Regulation 438/97 as amended provides that the power of a municipality to invest
money includes the power to enter into an agreement with any other municipality, and
with any school board, college, university, hospital or such other person or classes of
them as may be prescribed by regulation for the joint investment of money by those
parties or their agents;
AND WHEREAS the Corporation had previously entered into an Agency Agreement
dated as of May 31, 1999 (the "Original Agreement") between CHUMS Financing
Corporation, a duly incorporated subsidiary of the Municipal Finance Officers' Society of
Ontario, and Local Authority Services Limited, a duly incorporated wholly -owned
subsidiary of the Association of Municipalities of Ontario, as Agent, and eligible
Investors, and defined therein, to permit the Corporation to be an investor, through
"ONE - The Public Sector Group of Funds" investment funds for joint investments as set
out in schedules to the Agency Agreement (now known as "The One Investment
Program");
AND WHEREAS the Original Agreement between CHUMS Financing Corporation and
Local Authority Services, as Agent, and the Corporation, as investor, with respect to
The One Investment Program has been amended and restated (Amended Agreement);
AND WHEREAS the Council of the Corporation deems it in the interest of the
Corporation to enter into the Amended Agreement and to enroll in The One Investment
Program;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Amended Agreement attached hereto as Schedule 1 is hereby
authorized.
2. THAT the Treasurer is hereby authorized and directed to enter into and execute
the Amended Agreement and any other necessary documents, including without
limitation, enrollment documents and documents in connection with payment
services for The One Investment Program, and to do anything necessary or
desirable, on behalf of the Corporation, to give effect to the purpose, and the
Treasurer is hereby authorized to affix the corporate seal of the Corporation to
the Amended Agreement and to any other documents which are necessary or
desirable to give effect to the Amended Agreement or to the purpose.
3. THAT this by-law shall take effect on the final passing thereof.
4. THAT By-law No. 2006-048 is hereby repealed.
BY-LAW READ A FIRST, SECOND AND THIRD TIME THIS 22ND DAY OF MAY,
2019.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes Clerk, Karen Way
AMENDED AND RESTATED AGENCY AGREEMENT
Dated as of
Between
CHUMS FINANCING CORPORATION and
LOCAL AUTHORITY SERVICES
as Agent
and
("Investor)
TABLE OF CONTENTS
SECTION 1- INTERPRETATION 1
1.01 Definitions 1
(a) Agent 1
(b) Agreement 1
(c) Banking Day 1
(d) CHUMS 1
(e) Custodian 2
(f) Eligible Investor 2
(g) Investment Account 2
(h) Investment Counsel 2
(i) Investment Mandate 2
(j) Investment Mandate Schedule 2
(k) Investment Program 2
(I) Investment Program Agreements 2
(m) Investment Program Committee 2
(n) Investor 2
(o) LAS 2
(p) Municipal Act 2
(q) Payment Servicer 3
(r) Recordkeeper 3
(s) Valuator 3
1.02 Governing Law 3
1.03 Headings and Table of Contents 3
1.04 Number and Gender 3
1.05 Severability 3
SECTION 2 AGENT 3
2.01 Appointment of Agent, etc. 3
2.02 Investment Program Committee 3
2.03 Resignation of Agent 4
2.04 Automatic Termination of CHUMS or LAS as Agent 4
2.05 Successors 5
2.06 Termination of Agreement 5
2.07 Obligations survive 5
2.08 No rights to assets 5
SECTION 3 INVESTORS 5
3.01 Becoming an Investor 5
3.02 No obligation to invest 6
3.03 Ceasing to be an Investor. 6
3.04 Representations and Warranties of Investor 6
3.05 Limitation on liability 6
3.06 Addition of parties to this Agreement 7
3.07 List of Investors and Investor information 7
SECTION 4 - THE CUSTODIAN, PAYMENT SERVICER, VALUATOR, RECORDKEEPER
AND INVESTMENT COUNSEL 7
4.01 Authority 7
4.02 Custodian 7
4.03
4.04
4.05
4.06
SECTION 5
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
SECTION 6
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
Payment Servicer 7
Valuator. 7
Record keeper 7
Investment Counsel 7
(a) Registration 7
(b) Insurance 7
THE INVESTMENT MANDATES 8
Investment Mandates 8
Investment policy 8
Fees and expenses 8
Amendments 8
Investment and withdrawal of funds 8
Income on investments 8
Default in payment 9
Wind-up of an Investment Mandate by Agent 9
- GENERAL 9
Notice 9
(a) Address for notices 9
(b) Effective date 10
No partnership or deemed agency 10
No fiduciary duties. 10
No assignment 10
Further action 10
Benefit 10
Attornment 10
Counterparts 10
AMENDED AND RESTATED AGENCY AGREEMENT
This agreement dated as of is between
CHUMS FINANCING CORPORATION and
LOCAL AUTHORITY SERVICES
as Agent
and
("Investor)
RECITALS
A. In 1999, CHUMS and LAS combined their efforts to act as agent for municipalities in connection
with the investment of municipal and public sector funds in Ontario under an investment program now
known as "The One Investment Program".
B. Pursuant to an Agency Agreement dated as of May 31, 1999, as amended (the "Original Agreement")
various Investors appointed CHUMS and LAS as their agent for making such investments.
FOR VALUE RECEIVED, the parties agree that the Original Agreement is amended and restated as follows:
SECTION 1- INTERPRETATION
1.01 Definitions. In this Agreement,
a) Agent means both CHUMS and LAS acting together and any successor agent or agents
appointed under Section 2.05 or CHUMS or LAS if it is a remaining entity under Section 2.03 or 2.04;
b) Agreement means this amended and restated agency agreement, any Investment Mandate
Schedules and any other schedules attached to this agreement from time to time as the agreement, the
Investment Mandate Schedules or any of the other schedules may be added, amended, deleted,
supplemented, restated, renewed or replaced from time to time;
c) Banking Day means a day on which the Payment Servicer and the Custodian are open for
business in Toronto, Ontario, other than a Saturday or a Sunday or a statutory holiday in Toronto,
Ontario;
d) CHUMS means CHUMS Financing Corporation and its successors;
Page 1
e)
fl
Custodian at any time means a financial institution which at such time has been approved by
the Agent to provide custodial and other custody related services in connection with the Investment
Program;
Eligible Investor means, in respect of the Investment Program, a municipality, college,
hospital, school board, or university, as defined under the Municipal Act or such other persons or
classes of persons as may be prescribed under the Municipal Act, with which an Ontario municipality
is permitted to enter into an agreement for the joint investment of money;
g) Investment Account means with respect to an Investor an account maintained in the records
of the Recordkeeper evidencing the Investor's percentage ownership interest in the investments made
in accordance with an Investment Mandate;
h) Investment Counsel means at any time one or more professional investment management
firms registered in Ontario as portfolio managers, which at such time has been approved by the Agent
to provide investment management services for an Investment Mandate;
i) Investment Mandate means an investment mandate comprising the Investment Program as
more particularly described in the relevant Investment Mandate Schedule;
j)
Investment Mandate Schedule means a schedule to this Agreement, as added, amended,
deleted, supplemented, restated, renewed or replaced from time to time, describing a particular
Investment Mandate including the objectives, eligible investments and such other information as the
Agent considers necessary or desirable;
k) Investment Program means an arrangement for joint investment carried on under the program
name of "The One Municipal Investment Program" arranged by the Agent for use by the Investors;
I)
Investment Program Agreements means the agreements entered into, from time to time, by
the Agent, as agent for the Investors, with the Custodian, the Payment Servicer, Valuator,
Recordkeeper, Investment Counsel and such other persons as the Agent considers appropriate for the
purpose of carrying out the objectives of the Investment Program and each Investment Mandate within
the Investment Program;
m) Investment Program Committee means the committee described in Section 2.02;
n) Investor means an Eligible Investor which has received a duly executed notice from the
Recordkeeper under Section 3.01(c) advising the Eligible Investor that it is an Investor and of its
account number(s) and authorization code(s) and which has not ceased to be an Investor under Section
2.06 or Section 3.03;
o) LAS means Local Authority Services and its successors;
p) Municipal Act means the Municipal Act, R.S.O. 1990, c. M.45, as amended from time to
time.
Page 2
q)
r)
Payment Servicer means at any time a Canadian financial institution which at such time has
been approved by the Agent to facilitate the transfer of assets of an Investor between an Investor's
financial institution and an Investor's Investment Account;
Recordkeeper means at any time an entity approved by the Agent from time to time to provide
recordkeeping services in respect of the Investment Program including receiving and implementing
Investor instructions, keeping records of Investor holdings and providing monthly reporting to
Investors.
s) Valuator means at any time an entity approved by the Agent from time to time to provide
valuation services in respect of the Investors' Investment Accounts.
1.02 Governing Law. This Agreement is governed by, and is to be construed and interpreted in
accordance with, the laws of the Province of Ontario and the laws of Canada applicable in the Province of
Ontario.
1.03 Headings and Table of Contents. The division of this Agreement into sections, subsections,
paragraphs, subparagraphs, clauses and schedules, the insertion of headings and the provision of a table of
contents are for convenience of reference only and are not to affect the construction or interpretation of this
Agreement.
1.04 Number and Gender. Unless otherwise specified, words importing the singular include the plural
and vice versa and words importing gender include all genders.
1.05 Severability. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any
jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or
enforceability of the remaining provisions of this Agreement.
SECTION 2 - AGENT
2.01 Appointment of Agent, etc. Each Investor irrevocably appoints and authorizes the Agent to take all
action as an agent on its behalf and to exercise all powers and rights and to perform all duties and to enable
Investors to invest money in accordance with the terms of this Agreement and the Investment Program
Agreements together with all powers reasonably incidental thereto. In addition to the foregoing, each Investor
agrees that CHUMS and LAS may enter into such agreements and arrangements and do all such things,
whether as principal or agent, as may be necessary or desirable to facilitate payments for investments,
maintenance of investments in respect of Investment Mandates and withdrawals from Investment Accounts.
2.02 Investment Program Committee. Each Investor authorizes the Agent to appoint from time to time
an Investment Program Committee and, subject to any provision in this Agreement, to delegate to the
Investment Program Committee any or all of the powers, rights and responsibilities of the Agent for the
Investment Program under this Agreement. Subject to Sections 2.03 and 2.04, CHUMS and LAS shall each
appoint an equal number of members. Each member must be a senior officer who is employed by an Ontario
municipality, college, hospital, school board or university or another person agreed to by each of CHUMS and
LAS.
Page 3
2.03 Resignation of Agent. If either CHUMS or LAS becomes unwilling to continue to participate as
Agent, the remaining entity shall continue as Agent and shall be responsible for the appointment of all of the
members of the Investment Program Committee. The Agent may resign as agent at any time by giving at least
30 days prior written notice to each Investor specifying the date on which the resignation is to be effective and
by giving notice in accordance with Section 5.08 to wind-up the Investment Program.
2.04 Automatic Termination of CHUMS or LAS as Agent. If:
(a) CHUMS or LAS
(1) becomes unable, or admits, in writing, its inability to pay its debts generally as they
become due,
(2) makes a general assignment for the benefit of creditors,
(3)
files a notice of intention, voluntary petition in bankruptcy or a petition seeking
liquidation, reorganization or an arrangement with creditors to take advantage of any
insolvency or other law, or
(4) takes any action for the purpose of effecting any of the foregoing; or
(b) any proceedings (other than proceedings which either CHUMS or LAS demonstrates to the
satisfaction of the other to be frivolous or vexatious) are instituted by or against CHUMS or
LAS seeking to adjudicate it as bankrupt or insolvent or seeking liquidation, winding -up,
reorganization, arrangement, adjustment, protection, relief or composition of it or its debts
under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or
applying for, consenting to or seeking the entry of an order for relief by, the appointment of a
receiver, receiver and manager, receiver -manager, liquidator, sequestrator, custodian, trustee
or similar agent or official for all or a substantial or significant part of its assets; or
(c) any secured creditor, encumbrancer or lienor or any receiver, receiver and manager, receiver -
manager, liquidator, sequestrator, custodian, trustee or similar agent or official appointed by
or acting for any secured creditor, encumbrancer or lienor takes possession of, or forecloses or
retains, or sells or otherwise disposes of, or otherwise proceeds to enforce security over, all or
a substantial or significant part of the assets of CHUMS or LAS or gives notice of its intention
to do any of the foregoing;
that party shall on the happening of such event be automatically terminated as Agent and no notice or other
action shall be required on the part of CHUMS, LAS or any Investor to effect the termination of that party as
Agent. If either CHUMS or LAS is terminated as Agent under this Section 2.04, the remaining entity shall
remain the Agent and shall be responsible for the appointment of all the members of the Investment Program
Committee.
Page 4
2.05 Successors. The Agent may appoint a successor agent. When the successor agent accepts the
appointment as Agent, the successor agent shall succeed to and become vested with all the rights, powers and
responsibilities of the resigning agent, and the resigning agent shall be discharged from its responsibilities and
obligations under this Agreement. After any resigning agent's resignation as Agent, this Agreement shall
continue in effect for its benefit and for the benefit of the Investors in respect of any actions taken or omitted to
be taken by the resigning agent while it was acting as the Agent.
2.06 Termination of Agreement. The Agent may terminate an Investor's right to request that investments
be made and the right to maintain investments in accordance with an Investment Mandate by giving the
Investor at least 30 days prior written notice of the termination date. As of the termination date, (a) the
Investor receiving the notice may make no further investment requests and must promptly withdraw (in
accordance with Section 5.05 and Schedule C and any other provisions from time to time relating to
withdrawal of funds) all funds which it is entitled to withdraw and (b) the Investor is no longer an Investor for
the purpose of this Agreement. The termination of an Investor as an Investor shall, as of the date of
termination and subject to Section 2.07, terminate this Agreement between the Agent and the Investor. Such
termination will not affect the Agreement as between the Agent and the remaining Investors.
2.07 Obligations survive. All obligations (whether contingent or matured, absolute or not) existing
immediately before an Investor ceases to be an Investor under Section 3.03 or a termination under Section 2.06
shall survive such withdrawal or termination.
2.08 No rights to assets. None of the Agent, the Custodian, the Payment Servicer, the Valuator, the
Recordkeeper or Investment Counsel shall have any beneficial or personal right, title or interest in or to the
assets in any Investment Account, other than as specifically set out in an Investment Program Agreement or in
the Investment Mandate Schedules.
SECTION 3 - INVESTORS
3.01 Becoming an Investor. An Eligible Investor is an Investor in respect of the Investment Program
when:
(a) The person or persons authorized to execute this Agreement on behalf of the Eligible Investor
has duly executed a counterpart to this Agreement;
(b) The person or persons authorized to execute this Agreement on behalf of the Eligible Investor
has completed all of the other necessary documents required by the Agent to become an
Investor including, without limitation,
(1) an information sheet on the Eligible Investor,
(2) a certificate confirming passage and enforceability of a by-law substantially in the
form of the sample by-law provided to the Eligible Investor by the Agent on behalf of
The One Investment Program, and designating persons who are authorized to give
investment, withdrawal or transfer instructions and confirming that all necessary
Page 5
actions have been taken by the Eligible Investor to authorize such persons to give
investment, withdrawal or transfer instructions,
(3) a pre -authorized debit authorization letter from the Eligible Investor to its financial
institutions and others; and
(c) The Recordkeeper has notified the Eligible Investor that it is an Investor and of its account
number(s) and authorization code(s).
3.02 No obligation to invest. An Investor has no obligation to invest in any Investment Mandate.
3.03 Ceasing to be an Investor. At any time at which an Investor has no investments or funds in its
Investment Account(s) and has given no investment instructions it may, by notice to the Agent, cease to be an
Investor.
3.04 Representations and Warranties of Investor. Each Investor represents and warrants to the Agent
that,
(a) the Investor has taken all actions necessary to authorize it to enter into this Agreement,
(b) the Investor is authorized to make investments in accordance with any of the Investment
Mandates which it has designated to either the Agent or the Recordkeeper as being
Investment Mandates which it is authorized to invest, and any money which the Investor
designates to be invested in an Investment Mandate is money which may be so invested in
that Investment Mandate, and
(c) the Investor has adopted a statement of its investment policies and goals in accordance with
the applicable legislation and such policies and goals permit the Investor to invest in all
investments which are eligible investments for municipalities under the Municipal Act.
The Investor shall be deemed to have repeated the representation and warranty in Section 3.04(a), (b) and (c)
each time it issues investment instructions relating to any Investment Mandate. The Agent shall have no
obligation to make any inquiry to confirm the truth or accuracy of any representation or warranty. The Agent
shall not be liable for any loss or damages suffered by the Investor or any other person claiming through the
Investor or any other Investor as a result of any act, including without limitation, the execution of this
Agreement by a person purporting to have authority to act on the Investor's behalf.
3.05 Limitation on liability. The Agent, the Custodian, the Payment Servicer, the Valuator, the
Recordkeeper and the Investment Counsel may, in their discretion, honour instructions purporting to be issued
by an Investor given by telephone, facsimile or other electronic transmission, without the necessity of any
verification or enquiry. None of the Agent, the Custodian, the Payment Servicer, the Valuator, the
Recordkeeper or the Investment Counsel shall incur any liability to an Investor by reason of acting or not acting
on or any error in such instructions, and the Investor shall indemnify and hold harmless each of the Agent, the
Custodian, the Payment Servicer, the Valuator, the Recordkeeper and the Investment Counsel from any loss,
cost, damage, or expense that any of them may suffer or incur by relying on such instructions.
Page 6
3.06 Addition of parties to this Agreement. Eligible Investors may be added as parties to this Agreement
from time to time after the date of this Agreement. Each of the Agent and the Investor agrees that this
Agreement is binding on it regardless of when it became a party to this Agreement and the addition of other
Eligible Investors as parties to this Agreement. Upon becoming an Investor, the Investor shall become a party
to and shall be bound by this Agreement as if it had been an original party to this Agreement.
3.07 List of Investors and Investor information. The Agent will keep an up-to-date list of the names of
Investors and may make the list available to Eligible Investors and other persons. The Agent shall ensure, to
the best of its ability, the confidentiality of all other information pertaining to an Investor and the Investor's
investments through the Investment Program whether the Investor continues to be an Investor or the Investor
has ceased to be an Investor. This does not apply to information which is otherwise available to the public or
to information which the Agent is required by law to disclose.
SECTION 4 - THE CUSTODIAN, PAYMENT SERVICER, VALUATOR, RECORDKEEPER AND
INVESTMENT COUNSEL
4.01 Authority. Each Investor authorizes the Agent to enter into Investment Program Agreements, from
time to time, as agent of the Investor.
4.02 Custodian. The Agent will not enter into an Investment Program Agreement with a Custodian unless
at the time of entering into the Investment Program Agreement the Custodian is a Canadian chartered Schedule
I bank or trust company registered under the laws of Ontario.
4.03 Payment Servicer. The Agent will not enter into an Investment Program Agreement with a Payment
Servicer unless the Payment Servicer is a Canadian chartered Schedule I bank or other regulated Canadian
financial institution.
4.04 Valuator. The Agent will not enter into an Investment Program Agreement with a Valuator unless the
Valuator has satisfied the Agent of the ability of the Valuator to provide and maintain accurate valuation
services for the Investment Accounts.
4.05 Recordkeeper. The Agent will not enter into an Investment Program Agreement with a Recordkeeper
unless the Recordkeeper has satisfied the Agent of the ability of the Recordkeeper to provide and maintain
accurate recordkeeping and instruction services.
4.06 Investment Counsel.
(a) Registration. The Agent will not enter into an Investment Program Agreement with an Investment
Counsel unless the Investment Program Agreement requires the Investment Counsel to maintain at all times its
status in Ontario as a registered portfolio manager while it is Investment Counsel for the Investment Program.
(b) Insurance. The Agent will not enter into an Investment Program Agreement with any Investment
Counsel unless the Investment Program Agreement requires the Investment Counsel to maintain, in full force
Page 7
and effect, bonding or insurance in such amounts and of such types as are required from time to time by
appropriate regulatory authorities.
SECTION 5 - THE INVESTMENT MANDATES
5.01 Investment Mandates. The Investor agrees with the Agent and all other Investors that each
Investment Mandate is an aggregation of assets. At any time, each Investor who has made investments in
accordance with a specific Investment Mandate has at that time, subject to Section 5.07, a percentage
ownership interest in all investments made in accordance with that Investment Mandate at that time
proportional to the amount of investments made in accordance with that Investment Mandate by the Investor at
that time. Each Investor agrees that investments made in accordance with an Investment Mandate will be
valued as set out in the Investment Mandate Schedule. Subject to the payment of any reasonable fees imposed
by the Agent, an Investor has the right to require distribution of specific investments within its Investment
Account.
5.02 Investment guideline. The investment guideline of an Investment Mandate will be set out in the
Investment Mandate Schedule for that Investment Mandate. The policy may be subject to further restrictions
approved from time to time by the Agent. A copy of the investment guideline, as amended from time to time,
will be made available to the Investors. Any agreement with the Investment Counsel will permit Investment
Counsel to make investments based only on the investment guideline. None of the Agent, the Custodian, the
Payment Servicer, the Valuator or the Recordkeeper is responsible for investment decisions.
5.03 Fees and expenses. For each Investment Mandate, the Agent shall establish and disclose in the
Investment Mandate Schedule for that Investment Mandate, the maximum aggregate fees and expenses
payable, out of the investments made in accordance with that Investment Mandate, to the Custodian, the
Payment Servicer, the Valuator, the Recordkeeper, the Investment Counsel and the Agent. The Agent may
change the maximum aggregate fees and expenses stated in an Investment Mandate Schedule upon providing
such prior notice to all Investors as is set out in the Investment Mandate Schedule.
5.04 Amendments. The Agent may from time to time, upon providing 30 days prior written notice to all
Investors, amend the Agreement by adding schedules and amend, delete, supplement, restate, renew and
replace schedules to this Agreement.
5.05 Investment and withdrawal of funds. Each Investor shall abide by the procedures for issuing
investment, withdrawal and transfer instructions set out in the applicable Investment Mandate and in Schedule
C. Before an Investor provides investment instructions and arranges for any transfer from its account at its
financial institution to the Agent or the Custodian, the Investor shall ensure that sufficient funds are then
available to cover the amount of such investment.
5.06 Income on investments. Subject to Section 5.07, at any time each Investor has a percentage
ownership interest in the income on all investments made in accordance with an Investment Mandate
proportional to the Investor's percentage ownership interest in the aggregate investments made in accordance
with an Investment Mandate at that time. Income on investments will be automatically re -invested in
accordance with an Investment Mandate on the same basis as investments.
Page 8
5.07 Default in payment. If an Investor requests that an investment be made and
(a) there are insufficient funds in the Investor's account at its financial institution to pay when due
for the investment placed by the Investor through the Investment Program, or
(b) the Investor's financial institution is insolvent or for any other reason the Investor provides no
or insufficient funds to pay when due for the investment placed by the Investor through the
Investment Program,
then the Investor, with respect to that investment, has no interest in the Investment Program or in any
Investment Mandate or income relating thereto or proceeds thereof. The Investor agrees to indemnify the
Agent, the Custodian, the Valuator, the Payment Servicer, the Recordkeeper and the Investment Counsel, and
to hold the Agent, the Custodian, the Valuator, the Payment Servicer, the Recordkeeper and the Investment
Counsel harmless from all losses and expenses (including interest, charges and any loss in value of the
investment) incurred by the Agent, on its own account or on behalf of the Investor, the Custodian, the
Valuator, the Payment Servicer, the Recordkeeper or the Investment Counsel resulting from default or delay in
payment. The Agent may assign its rights under this indemnity to any person. In addition, the Investor agrees
to pay the Agent a fee in an amount set by the Agent from time to time as a fee payable in respect of any delay
or default in payment for an investment whether as a result of Section 5.07(a) or Section 5.07(b). The Agent
may authorize the debiting of the credit balance in an Investor's Investment Account and apply the amounts so
debited toward the payment of amounts (whether absolute, contingent, matured or not) payable by the Investor
under this Section 5.07.
5.08 Wind-up of an Investment Mandate by Agent. The Agent may, on at least 30 days prior written
notice to all Investors, announce that it intends to discontinue an Investment Mandate, discontinue an
Investment Mandate on the date set out in the notice. The Agent shall within five days of the date of
discontinuance distribute the proceeds of the sale of the investments made in accordance with the Investment
Mandate to those Investors with investments in the Investment Mandate to the extent of each Investor's
percentage ownership interest at the time of discontinuance of the Investment Mandate.
SECTION 6 - GENERAL
6.01 Notice.
(a) Address for notices. Any notice or other communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered or sent by registered mail, postage prepaid or facsimile
(with follow-up mailed copy unless otherwise specified in this Agreement or in an Investment Mandate
Schedule) to the addresses or facsimile numbers set out in the information sheets in respect of each Investor
kept by the Agent and in the case of the Agent to:
One Investment Program c/o LAS
200 University Ave., Suite 801
Toronto, ON M5H 3C6
Attention: President, LAS
Facsimile: (416) 971-6191
Page 9
Changes to the addresses and facsimile numbers may be made in the manner set out in this Section 6.01.
(b) Effective date. Any such notice or other communication shall be deemed to have been given and
received, if delivered, on the day of delivery (or, if the day is not a Banking Day, on the next following
Banking Day) or, if mailed, on the second Banking Day following the day in which it is mailed. If a strike or
lockout of postal employees is in effect or generally known to be impending on the date of mailing, any such
notice or other communication shall be delivered and not sent by mail. If sent by facsimile before 5:00 p.m.
Toronto, Ontario time on a Banking Day, the notice or other communication shall be deemed to have been
received on that day, and if sent after 5:00 p.m. Toronto, Ontario time on a Banking Day, it shall be deemed to
have been received on the Banking Day next following the date of transmission.
6.02 No partnership or deemed agency. The execution of this Agreement and the other arrangements
with respect to the Investment Program are not intended to create and shall not be treated as having created a
general or limited partnership, joint venture, corporation, joint stock company, investment trust or mutual fund,
nor shall:
(a) the Agent, the Custodian, the Payment Servicer, the Valuator, the Recordkeeper nor
Investment Counsel, or their respective agents and employees, except as provided in this
Agreement, or
(b) any other Investor,
under any circumstances be deemed the agent or representative of, or have the right to enter into any contract
or commitment on behalf of, an Investor.
6.03 No fiduciary duties. The Agent shall not by reason of this Agreement or any of the discussions
leading to or in connection with this Agreement have a fiduciary or trust relationship with the Investors, or any
other person, or any other obligation other than as specifically stated in this Agreement.
6.04 No assignment. No party may dispose of the whole or any part of its rights or obligations under this
Agreement without the express written consent of the Agent except as may otherwise be provided for in this
Agreement.
6.05 Further action. Each party shall at all times promptly execute and deliver and cause to be executed
and delivered such documents and take and cause to be taken such action as may be necessary or appropriate to
give effect to the provisions of this Agreement.
6.06 Benefit. This Agreement shall enure to the benefit of and be binding upon each party and their
respective successors and permitted assigns.
6.07 Attornment. Each party irrevocably attorns and submits to the non-exclusive jurisdiction of the courts
of the Province of Ontario.
6.08 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed to be an original and all of which together shall constitute one Agreement.
Page 10
The parties have executed this Agreement.
CHUMS FINANCING CORPORATION BY:
LOCAL AUTHORITY SERVICES BY:
Donna Herridge, Executive Director
Judy Dezell, Director
COUNTERPART OF THE AMENDED AND RESTATED AGENCY AGREEMENT
DATED AS OF
BETWEEN
CHUMS FINANCING CORPORATION AND LOCAL AUTHORITY SERVICES
-AND-
BY (SIGNATURE):
PRINT NAME:
PRINT TITLE:
ORGANIZATION:
("Investor)
Page 11
SCHEDULE A
MONEY MARKET MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the Money Market Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. The principal objective of the Money Market Mandate is to provide Investors with
investments in highly -rated money market instruments permitted under the Municipal Act.
3. Permissible Securities for Investments. Funds invested in accordance with the Money Market
Mandate will only be invested in those securities which are permitted under the Municipal Act and
the regulations made under that Act.
4. Valuation. Valuations of the investments made in accordance with the Money Market Mandate
will be performed on a mark -to -market basis net of accrued fees and expenses and in accordance
with prudent valuation practices and methods consistent with those followed by investment funds
with investment objectives and portfolio holdings similar to the Money Market Mandate.
5. Time of Valuation. The value of the investments made in accordance with the Money Market
Mandate will be calculated by the Valuator at such time as the Valuator may in its discretion
determine on each Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the
Money Market Mandate and ending on and including the day on which invested funds are returned
to the Investor. The calculation of investment income of the investments made in accordance with
this Mandate and of each Investor's proportional interest in such income will take place after the
close of business on each Banking Day. Income will be credited to each Investor's Investment
Account effective on the last calendar day of each month. Income credited to an Investor's
Investment Account remains in such account as part of the Investor's investment until all of the
Investor's investment is withdrawn. If the Investor is withdrawing all of the remaining funds in
the Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the Money Market Mandate to the Custodian, Valuator, Payment
Servicer, Recordkeeper, Investment Counsel and Agent will not exceed 0.19 of one percent, on an
annual basis, of the daily balance of the investments made in accordance with the Money Market
Mandate. Other than those fees and expenses and any amounts payable in the event of default or
delay in payment under Section 5.07 of the Agreement, no fees and expenses will be charged by
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The
fees and expenses referred to in this Section 10(a) do not include any fees and expenses charged to
the Investor by the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the Money Market Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the Money Market Mandate and such other information about the
Investment Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Money Market Mandate
on the next Banking Day. Where investment instructions are issued by the Investor and received
by the Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Money Market Mandate
on the second Banking Day immediately following the day on which the instructions were issued
by the Investor. The availability of funds for investment in accordance with the Money Market
Mandate is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
Schedule A — Money Market Mandate
Amended March 1, 2010
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
Money Market Mandate to be credited to the Investor's Bank Account on the next Banking Day.
Where investment instructions are issued by the Investor and received by the Recordkeeper after
4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to
effect the transfer of the funds so instructed by the Investor from the Money Market Mandate to be
credited to the Investor's Bank Account on the second Banking Day immediately following the
day on which instructions were issued by the Investor. The availability of funds for credit to
Investor's Bank Account is subject to the clearing requirements and practices of the Investor's
financial institution and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide three Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in the Money Market Mandate to another Investment Mandate, such
transfer shall be made in accordance with the time restrictions for making withdrawals under this
Investment Mandate Schedule and the time restrictions for making investments under the
Investment Mandate Schedule for the other Investment Mandate. The Recordkeeper, in executing
such transfer instructions, will cause such transfers to occur directly between the Investment
Mandates and not by way of the Payment Servicer and the Investor's Bank Account(s).
::ODMAIPCDOCSITOR011423884312
Schedule A — Money Market Mandate
Amended March 1, 2010
SCHEDULE B
BOND MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the Bond Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. The principal objective of the Bond Mandate is to provide Investors with investments
in highly -rated fixed income and money market securities permitted under the Municipal Act with
maturities generally less than or equal to five years.
3. Permissible Securities for Investments. Funds invested in accordance with the Bond Mandate
will only be invested in those securities which are permitted under the Municipal Act and the
regulations made under that Act.
4. Valuation. Valuations of the investments made in accordance with the Bond Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the Bond Mandate.
5. Time of Valuation. The value of investments made in accordance with the Bond Mandate will be
calculated by the Valuator at such time as the Valuator may in its discretion determine on each
Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the Bond
Mandate and ending on and including the day on which invested funds are returned to the
Investor. The calculation of investment income of the investments made in accordance with this
Mandate and of each Investor's proportional interest in such income will take place after the close
of business on each Banking Day. Income will be credited to each Investor's Investment Account
effective on the last calendar day of each month. Income credited to an Investor's Investment
Account remains in such account as part of the Investor's investment until all of the Investor's
investment is withdrawn. If the Investor is withdrawing all of the remaining funds in the
Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the Bond Mandate to the Custodian, Valuator, Payment Servicer,
Recordkeeper, Investment Counsel and Agent will not exceed 0.4 of one percent, on an annual
basis, of the daily balance of the investment made in accordance with the Bond Mandate. Other
than those fees and expenses and any amounts payable in the event of default or delay in payment
under Section 5.07 of the Agreement, no fees and expenses will be charged by the Custodian,
Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The fees and expenses
referred to in this Section 10(a) do not include any fees and expenses charged to the Investor by
the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the Bond Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the Bond Mandate and such other information about the Investment
Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Bond Mandate on the next
Banking Day. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct
the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor from the
Investor's Bank Account to be invested in accordance with the Bond Mandate on the second
Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the Bond Mandate is subject
to the clearing requirements and practices of the Investor's financial institution and the Payment
Servicer.
Schedule B — Bond Mandate 2
Amended March 1, 2010
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
Bond Mandate to be credited to the Investor's Bank Account on the next Banking Day. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 4:00
p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the Bond Mandate to be credited to the
Investor's Bank Account on the second Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide three Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in the Bond Mandate to another Investment Mandate, such transfer shall be
made in accordance with the time restrictions for making withdrawals under this Investment
Mandate Schedule and the time restrictions for making investments under the Investment Mandate
Schedule for the other Investment Mandate. The Recordkeeper, in executing such transfer
instructions, will cause such transfers to occur directly between the Investment Mandates and not
by way of the Payment Servicer and the Investor's Bank Account(s).
::ODMAIPCDOCSITOR011423888112
Schedule B — Bond Mandate 3
Amended March 1, 2010
SCHEDULE C
ISSUING INVESTMENT, WITHDRAWAL AND TRANSFER
INSTRUCTIONS TO THE RECORDKEEPER
1. Instructions. An investor may issue investment, withdrawal and transfer instructions:
(a) by fax to the Recordkeeper between the hours of 8:00 a.m. (Toronto time) and 4:00 p.m. (Toronto
time), or
(b) by such other means as the Agent may prescribe from time to time.
2. Instructions to Recordkeeper. All investment, withdrawal and transfer instructions issued by an
Investor to the Recordkeeper under Section 1 (a) or (b) are irrevocable and the Investor shall be
responsible for the accuracy of any instructions issued. All investment instructions issued to the
Recordkeeper under Section 1(a) will be kept on file by the Recordkeeper.
3. Execution by Recordkeeper. Fax instructions issued to the Recordkeeper will be executed
without prior confirmation by the Recordkeeper and the Investor accepts responsibility for all fax
instructions which purport to have been given by the Investor whether or not such instructions
were authorized. The Recordkeeper will not execute a transaction which does not include all the
Investor Information (as defined below) and transaction information contained in Schedule 7.
4. Instructions to Payment Servicer. All fax instructions from Investors received by the
Recordkeeper involving investments or withdrawals will be communicated by the Recordkeeper to
the Payment Servicer for proper execution as may be required by the Payment Servicer in order to
transfer the funds in accordance with the investment or withdrawal instructions of the Investors.
5. Procedure for Issuing Instructions to Recordkeeper. All fax instructions issued to the
Recordkeeper, must include the following investor information:
(a) the name of the individual issuing the fax instructions as registered by the Investor and accepted
by the Agent;
(b) the name of the Investor's organization as registered by the Investor and approved by the Agent:
and
(c) the signature(s) of the authorized municipal officer(s) corresponding to the Investor's signature
card as registered by the Investor.
Failure by the representative of the Investor to provide via fax the
Recordkeeper with the correct Investor Information will render
any instructions given to the Recordkeeper by the representative of
the Investor null and void.
Investment instruction forms may be made available by the Agent on the Agent's website or by
contacting the Agent.
6. Transaction Information. Where the Investor Information provided by the representative of the
Investor to the Recordkeeper has been verified by the Recordkeeper as being correct, the
Recordkeeper will identify from the fax, the type of transaction (i.e. "an investment" or "a
withdrawal" or "a transfer to another Fund"). If the fax instructions are for:
(a) an investment, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the investment;
(ii) the investment account name into which the investment will be made; and
(iii) banking information.
(b) a withdrawal, the Recordkeeper will require the following information to be provided:
(i)
the dollar amount of the withdrawal or "ALL" if the instruction pertains to all monies
belonging to the Investor in the Investment Program including any accrued earnings; and
(ii) the Investment Mandate from which the withdrawal is to be made.
(c) a transfer to another Investment Mandate by the same Investor, the Recordkeeper will require the
following information to be provided:
(i)
the dollar amount of the transfer or "ALL" if the instruction pertains to all monies
belonging to the Investor in the Investment Program including any accrued earnings;
(ii) the Investment Mandate from which the transfer is to be made; and
(iii) the Investment Mandate to which the transfer will be made.
7. Deemed Receipt by Recordkeeper. Instructions issued by an Investor to the Recordkeeper shall
be deemed to have been received by the Recordkeeper as soon as the Investor issuing the
instructions has provided the Recordkeeper with all of the information set out in Section 6 above
and they are brought to the attention of the officers of the Recordkeeper to whom they are
addressed.
::ODMAIPCDOCSITOR011423896412
Schedule C — ISSUING INVESTMENT, WITHDRAWL
AND TRANSFER INSTRUCTION TO THE RECORDKEEPER
Amended March 1, 2010
SCHEDULE D
UNIVERSE CORPORATE BOND (UCB) MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the UCB Mandate.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. To seek to provide competitive rates of return by investing in a diversified,
conservatively managed portfolio of bonds, debentures, promissory notes or other evidences of
indebtedness of corporations, governments or agencies thereof or supranational organizations or
agencies thereof, as permitted by applicable regulation from time to time.
3. Permissible Securities for Investments. Funds invested in accordance with the UCB Mandate
will only be invested in securities that are permitted under the Municipal Act and the regulations
made under that Act.
4. Valuation. Valuations of the investments made in accordance with the UCB Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the UCB Mandate.
5. Time of Valuation. The value of investments made in accordance with the UCB Mandate will be
calculated by the Valuator at such time as the Valuator may in its discretion determine on each
Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the UCB
Mandate and ending on and including the day on which invested funds are returned to the
Investor. The calculation of investment income of the investments made in accordance with this
Mandate and of each Investor's proportional interest in such income will take place after the close
of business on each Banking Day. Income will be credited to each Investor's Investment Account
effective on the last calendar day of each month. Income credited to an Investor's Investment
Account remains in such account as part of the Investor's investment until all of the Investor's
investment is withdrawn. If the Investor is withdrawing all of the remaining funds in the
Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees The maximum aggregate fees and expenses payable out of the investments
made in accordance with the UCB Mandate to the Custodian, Valuator, Payment Servicer,
Recordkeeper, Investment Counsel and Agent will not exceed .45 of one percent, on an annual
basis, of the daily balance of the investments made in accordance with the UCB Mandate. Other
than those fees and expenses and any amounts payable in the event of default or delay in payment
under Section 5.07 of the Agreement, no fees and expenses will be charged by the Custodian,
Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The fees and expenses
referred to in this Section 10(a) do not include any fees and expenses charged to the Investor by
the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the UCB Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the UBC Mandate and such other information about the Investment
Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the UCB Mandate on the next
Banking Day. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct
the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor from the
Investor's Bank Account to be invested in accordance with the UCB Mandate on the second
Banking Day immediately following the day on which the instructions were issued by the
Investor, The availability of funds for investment in accordance with the UCB Mandate is subject
to the clearing requirements and practices of the Investor's financial institution and the Payment
Servicer.
Schedule D — UCB Mandate 2
Amended March 1, 2010
13. Making a Withdrawal.
(a) Instruction Irrevocable Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
UCB Mandate to be credited to the Investor's Bank Account on the next Banking Day. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 4:00
p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the UCB Mandate to be credited to the
Investor's Bank Account on the second Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide ten Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in the UCB Mandate to another Investment Mandate, such transfer shall be
made in accordance with the time restrictions for making withdrawals under this Fund Schedule
and the time restrictions for making investments under the Investment Mandate Schedule for the
other Investment Mandate. The Recordkeeper, in executing such transfer instructions, will cause
such transfers to occur directly between the Investment Mandates and not by way of the Payment
Servicer and the Investor's Bank Account(s).
Schedule D — UCB Mandate 3
Amended March 1, 2010
1. Definitions. In this schedule
(a)
SCHEDULE E
EQUITY MANDATE
Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services Limited and the Eligible Investors, as
defined in that agreement, and any schedules attached to it from time to time as that agreement or
the schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the Equity Mandate.
A 11 other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. To seek to provide superior long-term investment returns through capital growth and
dividend yield by investing in a diversified, conservatively managed portfolio of equity securities
issued by corporations, as permitted by applicable regulation from time to time.
3. Permissible Securities for Investments. Funds invested in accordance with the Equity Mandate
will be invested only in those securities which are permitted under the Municipal Act and the
regulations made under that Act.
4. Valuation. Valuations of the investments made in accordance with the Equity Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the Equity Mandate.
5. Time of Valuation. The value of investments made in accordance with the Equity Mandate will
be calculated by the Valuator at such time as the Valuator may in its discretion determine on each
Banking Day in accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Minimum Transfer. The minimum amount for each transfer is $5,000 or, where the balance is
less than $5,000, all remaining funds in the Investor's Investment Account from which the transfer
is being made including any accrued earnings.
9. Earnings Allocation and Distribution. Subject to Section 5.07 of the Agreement, income on an
investment made by an Investor accrues beginning on and including the day immediately
following the day on which the Investor's investment is first invested in accordance with the
Equity Mandate and ending on and including the day on which invested funds are returned to the
Investor. The calculation of investment income of the investments made in accordance with the
Equity Mandate and of each Investor's proportional interest in such income will take place after
the close of business on each Banking Day. Income will be credited to each Investor's Investment
Account effective on the last calendar day of each month. Income credited to an Investor's
Investment Account remains in such account as part of the Investor's investment until all of the
Investor's investment is withdrawn. If the Investor is withdrawing all of the remaining funds in
the Investor's Investment Account, income will be credited on the Banking Day before the day on
which invested funds are returned to the Investor.
10. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the Equity Mandate to the Custodian, Valuator, Payment Servicer,
Recordkeeper, Investment Counsel and Agent will not exceed 0.6 of one percent, on an annual
basis, of the daily balance of the investments made in accordance with the Equity Mandate. Other
than those fees and expenses and any amounts payable in the event of default or delay in payment
under Section 5.07 of the Agreement, no fees and expenses will be charged by the Custodian,
Valuator, Payment Servicer, Recordkeeper, Investment Counsel, or Agent. The fees and expenses
referred to in this Section 10(a) do not include any fees and expenses charged to the Investor by
the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Custodian, Valuator, Payment Servicer, Recordkeeper, Investment Counsel and Agent at any
time on providing 30 days notice of the effective date of such change to all Investors.
11. Reporting. Each Investor investing in accordance with the Equity Mandate will:
(a) have access to details of each transaction initiated by the Investor before 4:00 p.m. (Toronto time)
on any Banking Day by electronic means through a password protected web -site established and
maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on the following Banking Day;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's Website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any earnings credited to it for that month; and
(c) receive a monthly report from the Agent showing the aggregate performance of the investments
made in accordance with the Equity Mandate and such other information about the Investment
Program that the Agent deems appropriate for all Investors.
12. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Schedule C.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the Equity Mandate on the
next Banking Day. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct
the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor from the
Investor's Bank Account to be invested in accordance with to the Equity Mandate on the second
Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the Equity Mandate is
subject to the clearing requirements and practices of the Investor's financial institution and the
Payment Servicer.
Schedule E — Equity Mandate
Amended March 1, 2010
2
13. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Schedule C.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 4:00 p.m. (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
Equity Mandate to be credited to the Investor's Bank Account on the next Banking Day. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 4:00
p.m. (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the Equity Mandate to be credited to
the Investor's Bank Account on the second Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide ten Banking Days notice to withdraw
funds.
14. Making a Transfer to Another Investment Mandate of the Investor.
(a) Instructions Irrevocable. Instructions made by the Investor for transfers to another Investment
Mandate are irrevocable and must be issued by the Investor in accordance with the procedures set
out in Schedule C.
(b) Transfers to Another Investment Mandate. If the Investor has issued instructions to transfer
funds from investment in accordance with the Equity Mandate to another Investment Mandate,
such transfer shall be made in accordance with the time restrictions for making withdrawals under
this Equity Mandate Schedule and the time restrictions for making investments under the
Investment Mandate Schedule for the other Investment Mandate. The Recordkeeper, in executing
such transfer instructions, will cause such transfers to occur directly between the Investment
Mandates and not by way of the Payment Servicer and the Investor's Bank Account(s).
Schedule E — Equity Mandate 3
Amended March 1, 2010
SCHEDULE F
HIGH INTEREST SAVINGS ACCOUNT (HISA) MANDATE
1. Definitions. In this schedule
(a) Agreement means the amended and restated agency agreement dated as of March 1, 2010 between
CHUMS Financing Corporation, Local Authority Services and the Eligible Investors, as defined in
that agreement, and any schedules attached to it from time to time as that agreement or the
schedules may be added, amended, deleted, supplemented, restated, renewed or replaced from
time to time; and
(b) Bank Account means the bank account at the Investor's financial institution authorized by the
Investor and accepted by the Agent for use by the Investor in the transfer of funds to invest in
accordance with the High Interest Savings Account (HISA) Mandate.
(c) Payment Servicer means an entity approved by the Agent to facilitate the transfer of assets of an
Investor between an Investor's financial institution and an Investor's HISA Account;
(c) Recordkeeper means an entity approved by the Agent to provide recordkeeping services in respect
of the Investment Program including receiving and implementing Investor instructions, and
keeping records of Investor holdings.
All other capitalized terms used in this Schedule have the meanings given to them in the Agreement.
2. Objective. To seek to provide a competitive rate of return through a high interest savings account
offered through a Schedule I bank in conjunction with the One Investment Program.
3. Permissible Securities for Investments. Funds invested in accordance with the HISA Mandate
will only be invested in securities that are permitted under the Municipal Act and the regulations
made under that Act.
4. Valuation. Valuations of the investments made in accordance with the HISA Mandate will be
performed on a mark -to -market basis net of accrued fees and expenses and in accordance with
prudent valuation practices and methods consistent with those followed by investment funds with
investment objectives and portfolio holdings similar to the HISA Mandate.
5. Time of Valuation. The value of investments made in accordance with the HISA Mandate will
be calculated by the Valuator at such time as the Valuator may in its discretion determine in
accordance with the valuation principles set out in paragraph 4.
6. Minimum Investment. The minimum investment amount is $5,000.
7. Minimum Withdrawal. The minimum amount for each withdrawal is $5,000 or, where the
balance is less than $5,000, all remaining funds in the Investor's Investment Account from which
the withdrawal is being made including any accrued earnings.
8. Earnings Allocation and Distribution.
(a) Subject to Section 5.07 of the Agreement, interest on an investment made by an Investor accrues
beginning on and including the day on which the Investor's investment is first invested in
accordance with the HISA Mandate and ending on and including the day immediately preceding
the day on which the investor's request for withdrawal is processed. The calculation of accrued
interest earned on the investments made in accordance with this Mandate and of each Investor's
proportional interest in such interest earned will take place after the close of business on the last
Banking Day of each month, and interest will be credited to each Investor's Investment Account
on the third business day following the end of each month. Income credited to an Investor's
Investment Account remains in such account as part of the Investor's investment until all of the
Investor's investment is withdrawn.
(b) Interest will not be paid on any single investment of greater than $25,000,000 if that investment is
not retained in the HISA account for at least 30 days.
9. Fees and Expenses.
(a) Amount of Fees. The maximum aggregate fees and expenses payable out of the investments
made in accordance with the HISA Mandate to the Payment Servicer, Recordkeeper, and Agent
will not exceed .10 of one percent, on an annual basis, of the daily balance of the investments
made in accordance with the HISA Mandate. Other than those fees and expenses and any amounts
payable in the event of default or delay in payment under Section 5.07 of the Agreement, no fees
and expenses will be charged by the Payment Servicer, Recordkeeper, or Agent. The fees and
expenses referred to in this Section 9(a) do not include any fees and expenses charged to the
Investor by the Investor's financial institution.
(b) Changes to Fees. The Agent may change the maximum aggregate fees and expenses payable to
the Payment Servicer, Recordkeeper, Investment Counsel and Agent at any time on providing 30
days notice of the effective date of such change to all Investors.
10. Reporting. Each Investor investing in accordance with the HISA Mandate will:
(a) have access to details of each transaction initiated by the Investor before 12:00 p.m. (Toronto
time) on any Banking Day by electronic means through a password protected web -site established
and maintained by the Agent (the "Agent's Website"), or by such other means as the Agent may
choose, on/before the third Banking Day following the transaction;
(b) have access to a monthly history statement for that Investor's Investment Account through the
Agent's website, or by such other means as the Agent may choose, within five Banking Days
following the last Banking Day for the month to which the statement applies, showing the
Investor's opening and closing positions, all transactions made by the Investor during the month
and any interest earned credited to it for that month; and
(c) have access to a monthly report from the Agent showing the aggregate performance of the
investments made in accordance with the HISA Mandate and such other information about the
Investment Program that the Agent deems appropriate for all Investors.
11. Making an Investment.
(a) Instructions Irrevocable. Investment instructions made by the Investor are irrevocable and must
be issued by the Investor in accordance with the procedure set out in Sections 14 through 20,
below.
(b) Time of Instructions. Where investment instructions are issued by the Investor and received by
the Recordkeeper before 12:00 noon (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
from the Investor's Bank Account to be invested in accordance with the HISA Mandate on the
third Banking Day immediately following the day on which instructions were issued by the
Investor. Where investment instructions are issued by the Investor and received by the
Recordkeeper after 12:00 noon (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Payment Servicer to facilitate the transfer of the funds so instructed by the Investor
Schedule F — High Interest Savings Account (HISA) Mandate 2
Added April 1, 2015
from the Investor's Bank Account to be invested in accordance with the HISA Mandate on the
fourth Banking Day immediately following the day on which the instructions were issued by the
Investor. The availability of funds for investment in accordance with the HISA Mandate is subject
to the clearing requirements and practices of the Investor's financial institution and the Payment
Servicer.
12. Making a Withdrawal.
(a) Instruction Irrevocable. Withdrawal instructions made by the Investor are irrevocable and must
be issued in accordance with the procedures set out in Sections 14 through 20, below.
(b) Time of Instructions. Where withdrawal instructions are issued by the Investor and received by
the Recordkeeper before 12:00 noon (Toronto time) on any Banking Day, the Recordkeeper will
instruct the Custodian to effect the transfer of the funds so instructed by the Investor from the
HISA Mandate to be credited to the Investor's Bank Account on the second Banking Day
immediately following the day on which instructions were issued by the Investor. Where
investment instructions are issued by the Investor and received by the Recordkeeper after 12:00
noon (Toronto time) on any Banking Day, the Recordkeeper will instruct the Custodian to effect
the transfer of the funds so instructed by the Investor from the HISA Mandate to be credited to the
Investor's Bank Account on the third Banking Day immediately following the day on which
instructions were issued by the Investor. The availability of funds for credit to Investor's Bank
Account is subject to the clearing requirements and practices of the Investor's financial institution
and the Payment Servicer.
(c) Limits on Right to make Withdrawals. Despite any other provision in the Agreement or this
Schedule, the Agent may require an Investor to provide three Banking Days notice to withdraw
funds.
13. Issuing Investment and Withdrawal Instructions to the Recordkeeper. With respect to this
Mandate, Schedule C to the Agreement does not apply and is replaced with Sections 14-20, below.
14. Instructions. An investor may issue investment and withdrawal instructions:
(a) to the Recordkeeper between the hours of 8:00 a.m. (Toronto time) and 4:00 p.m. (Toronto time),
or
(b) by such other means as the Agent may prescribe from time to time.
15. Instructions to Recordkeeper. All investment and withdrawal instructions issued by an Investor
to the Recordkeeper under Section 14 (a) or (b) are irrevocable and the Investor shall be
responsible for the accuracy of any instructions issued. All investment instructions issued to the
Recordkeeper will be kept on file by the Recordkeeper.
16. Execution by Recordkeeper. instructions issued to the Recordkeeper will be executed without
prior confirmation by the Recordkeeper and the Investor accepts responsibility for instructions
which purport to have been given by the Investor whether or not such instructions were
authorized. The Recordkeeper will not execute a transaction which does not include all the
Investor Information, as defined below.
17. Instructions to Payment Servicer. All instructions from Investors received by the Recordkeeper
involving investments or withdrawals will be communicated by the Recordkeeper to the Payment
Servicer for proper execution in order to transfer the funds in accordance with the investment or
withdrawal instructions of the Investors.
18. Procedure for Issuing Instructions to Recordkeeper. All instructions issued to the
Recordkeeper, must include the following investor information:
Schedule F — High Interest Savings Account (HISA) Mandate 3
Added April 1, 2015
(a) the name of the individual issuing the instructions as registered by the Investor and accepted by
the Agent;
(b) the name of the Investor's organization as registered by the Investor and approved by the Agent;
and
(c) the signature(s) or email address of the authorized municipal officer(s) corresponding to the
Investor's signature card, or email authorization form, as registered by the Investor.
Failure by the representative of the Investor to provide the Recordkeeper with the correct
Investor Information will render any instructions given to the Recordkeeper by the
representative of the Investor null and void.
Investment instruction forms may be made available by the Agent on the Agent's website or by
contacting the Agent.
19. Transaction Information. Where the Investor Information provided by the representative of the
Investor to the Recordkeeper has been verified by the Recordkeeper as being correct, the
Recordkeeper will identify the type of transaction (i.e. "an investment" or "a withdrawal"). If the
instructions are for:
(a) an investment, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the investment;
(ii) the investment account name into which the investment will be made; and
(iii) banking information.
(b) a withdrawal, the Recordkeeper will require the following information to be provided:
(i) the dollar amount of the withdrawal
20. Deemed Receipt by Recordkeeper. Instructions issued by an Investor to the Recordkeeper shall
be deemed to have been received by the Recordkeeper as soon as the Investor issuing the
instructions has provided the Recordkeeper with all of the information set out in Section 19 above
and they are confirmed to be received by the Recordkeeper.
Schedule F — High Interest Savings Account (HISA) Mandate 4
Added April 1, 2015