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HomeMy WebLinkAbout2015-102-E Health - Wake Med Health and Hospitals and Wake Medical Laboratory Consultants for laboratory testing DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF [Departmental Use Only] TITLE Wake Med FY 2014-15 NORTH CAROLINA SERVICES AGREEMENT UNDER $90,000.00 ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 18 day of December, 2014, ("Effective Date") by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County"), Wake Med Health and Hospitals and Wake Medical Labatory Consultants, (hereinafter, the "Provider" or "Providers"). WITNESSETH: That the County and Providers, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Providers to County with respect to (insert type ofproject): laboratory testing. ii) By executing this Agreement, the Providers represent and agree that Providers are qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Providers for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Providers a. Services to be provided. The Providers shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Providers shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Providers are solely responsible for the Revised 10/14 1 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii)Providers shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Providers shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii)The Providers shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv)Providers are independent contractors of County. Any and all employees of Providers engaged by a Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Providers only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of Providers. v)Providers agree that the Providers, their employees, agents and subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider under this Agreement. vi)If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Providers represent that they and/or their employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vii)In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3.Basic Services a.Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See Exhibit A, which is attached and hereby incorporated by reference into this Agreement. 4.Duration of Services a.Term. The term of this Agreement shall be from January 1, 2015 to December 31, 2015. Revised 10/14 2 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF b.Scheduling of Services. i)The Providers shall schedule and perform their activities in a timely manner. ii)Should the County determine that a Provider or both Providers are behind schedule, it may require the Provider or Providers to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii)The Commencement Date for the Providers' Basic Services shall be January 1, 2015. 5.Compensation a.Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Providers from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services shall not exceed twenty-five thousand Dollars ($25,000). Payment for Basic Services shall become due and payable within thirty (30) days of Providers properly invoicing County. Payment shall be subject to provisions of Section 5(b). b.Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Providers fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c.Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Providers unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6.Responsibilities of the County a.Cooperation and Coordination. The County has designated (Dr. Colleen Bridger, Orange County Health Director) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7.Insurance a.General Requirements. Providers shall obtain, at their sole expense, Commercial insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 10/14 3 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF incorporated herein by reference and may be viewed at http://orangecountync.gov/purchasing/contracts.asp determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Providers shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8.Indemnity a.Indemnity. The Providers agree to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider or Providers except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Providers to indemnify the County to the fullest extent permitted under North Carolina law. 9.Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Providers. The Providers shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10.Termination a.Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Providers. b.Other Termination. The Providers may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Providers shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c.Compensation After Termination. i)In the event of termination, the Providers shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Providers. ii) Should this Agreement be terminated, the Providers shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Providers with any provisions of this Revised 10/14 4 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 11.Additional Provisions a.Limitation and Assignment. The County and the Providers each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Providers shall assign or transfer its interest in this Agreement without the written consent of the other. b.Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c.Compliance with Laws. Providers shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. d.Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e.Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Providers and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f.Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g.Ownership of Work Product. Should Providers documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Providers. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h.Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Revised 10/14 5 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. hority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects shall automatically terminate without penalty to County upon written notice to Providers i.Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j.Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County ProviderName Attention: Dr. Colleen Bridger Orange County Health Director Grover Smith, Ph.D P.O. Box 8181 Executive Director Hillsborough, NC 27278 WakeMed Health& Hospitals 3000 New Bern Avenue Raleigh, NC 27610 John Lawlor Chief Financial Officer Wake Medical Laboratory Consultants 3000 New Bern Avenue Raleigh, NC 27610 [SIGNATURE PAGE TO FOLLOW] Revised 10/14 6 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF IN WITNESS WHEREOF , the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. PROVIDER: Wake Med Health and Hositals PROVIDER: Wake Med Labortory Consutants By: __________________________________ By: Grover Smith, Executive Director __________________________________ Printed Name and Title John Lawlor, Chief Financial Officer Printed Name and Title ORANGE COUNTY: By: _________________________________ Bonnie Hammersley, County Manager Revised 10/14 7 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Exhibit A REF: Scope of Services LA °jam RP WakeMed ""111" o u� "„wig �IIIII Raleigh Pathology(laboratory Associates High Quality and Service A regional lab that is an alternative to the large commercial labs High quality processes ■ reprocessing of unsats to keep rate low (currently 0.8%) ■ rescreening of paps lacking endocervical cells ■ rescreening of paps negative for SIL and with + HPV test Pathologist credentials—Ten MDs, many with subspecialty training as well as experience in Gynecologic pathology and Cytopathology Pathologists available 24/7. Interactions to enhance quality patient care at every level Continuity of care (pap to biopsy to LEEP to hysterectomy) Turn-around time—2.5 days once received Samples retained at lab for 8-10 weeks for any additional testing Availability of high risk HPV 16/18 testing as add-on or reflex Dedicated Outreach number—no teleprompts to answer any questions Call center—available 24/7 for resulting or add-on testing Competitive Cost Competitive pricing while maintaining highest quality All Inclusive pricing providing all supplies at no additional cost o FedEx ground— 1 day delivery zone o Collection kits Availability to be billed monthly Dedicated billing staff to correct and/or address any billing questions/concerns Pap-$22.00 Biopsy Technical fee-$22.50 Pap MD Interpretation- $18.00 Biopsy Professional Fee-$28.00 HPV-$25.00 Genotyping 16/18- $25.00/each Shipping Fedex ground — 1 day shipping WakeMed Pathology to provide shipping supplies and labels inclusive in cost Simple re-order for supplies and shipping materials via fax Ordering and Resulting Simple requisitions with only pertinent testing for ease in workflow Fax resulted and ability to e-fax DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Nledicil Mutual ' r ur,o , rlt,,r,rR K pl,lcF7 sioq Mecilical hofessliumd Liabillity NON-ASSESSABLE CLAIMS MADE PO,LICY KLN LWA L DECLARATIONS PAC L POLICY O. PG1120161 Name anal Address of"Insured Policy Period .......................... Ra1eigh Pathotogy Laboratory Assciciatios, PA PO Box 1,1045 Effeclive Date:August 15,2014; 12A] A.M. 1"t,d6gh, NC 276210 Expiration Date: August 15,20111; 12:01 AM. Coverages 1"Amits .............. A - IndilMduall Professional lAabiNty.— ....... As Sclwclulc(l Rcllow B -Mc(fical Pitactivicall(i Non-Phi �I,!'C'll y'sician Finilployces Professional LjaNhty----.... As schic(luled Bellow C. - Per Diem Reinibursement .— — --... .. .....-............-- - -........ ............ -... ...... S 1,0010 I'm day/$70,000 per vlaim D. MED-DiFTEMF PLI IS -$10,00,(1c(lucilible md,a co-6istuance jjlaymejtt o1'200K,, 1 S50-0100 cach clainl&l annualaggitogalle/$250,0100 pre"u evW4500-000 annual aggi,egatc if-c-7w rYr111 Network Securily & Privacy......... ............... $50,01010,purer claim,33001,000 annual aggrcgatc ----------------------—------- Udorsements. PCO201 NC(09/10),,P( 0 10 1 NC(09/1(1), PE6'00 I NC k06/13),PCO501 NC'(02/13),,PE3101 NC(06/08). PE3901 NC �(06/08),1°°E6501INC(12/13) P D"t Cub:clot M' Jago'egaite .(Aeigh Pjtholq,!,y Laborawry Associatcs PA 1 V17 1978 0,000,0001/8,0010,000 Coverage 1% 1')4mme fkvelilcy Dookhan, IMD I I/I /2013 6,000,000/8,0001,0001 MichaO A Iluening,NIL), 07/2112008 670100010/8,0010,000 Catim inc I olnuilie:^flahim" MD 11/15,120 t 3 6,000,0010/8,0001.000 Matthew Rau Myrayer"MD 06'26/20 ', 06 (,(.1a(17000/8,00(j,000 IS,hinivas Rajagopallan, MD 03/,5,1996 6,000.00W87000,0010 Ahren Charles Rillershaus, MD 07d 1/2011 6,01001.000/8,001t),00101 Damon IFinersaon Scarborough,Jr NID 02/0 1/191/6 6,010oxil),18,00mino Christine Norton Siffings.,NID 018/0 11 C20 10 6,000,OUO/8,0001,000 Nfillhew huncs' sny(jiof, MD 017/18/2005 6,000,0001,000,000 C I hicryl Anne Szpak,NID 0 1 l'O-ji 1991 6,000,000M,000l,0100 Stepbeiii T.P'a,rker TOTAL PW NijuNi Medical N1 i0iiial I rumirm nce Co.of NC 700,'S'prilIng Forest Rd Raleigh,NC 27609 800-662-71917 or 919-872.711" Coullitersigilited date: J"Lly'll.el-2 5,,..20,1-4-11-11.1.11-11— AuflZ Vz,ed Kepresentafivc NIEL),[CAL Nil I'll U AL INSUlt.%N'Cf�'(()NIPAN)7 OFAM41 11 CAROIANA DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Medical Mutual" FROI I CT INC 0 0 R PRO 'SION Medical Professional Liability NON-ASSESSABLE CLAIMS MADE POLICY RENEWAL DECLARATIONS PACE POLICY NO: PG1 120,61 Name and Address of Insured Policy Period Raleigh Pathology Laboratory Associates PA PO Box 14045 Effective Date:August 15,2014; 12:01 A.M. Raleigh,NC 27620 Expiration Date:August 15,2015; 12:01 A.M. L Endorsements:PCO20INC(09/10),PCO10INC(09/10),PE6001NC(06/13),PCO50INC(02/13),PE310INC(06/08),PE390,INC (06/08),PE650INC(12/13) Retroactive Cal ggrega o t Ptatxltul Michael Howard Weinstein,"NID 07/01/2002 6,000,00,0/8,000,000 ,Ming Yin,MD 01/13/2014 6`000,000/8,000,000 TOTAL PREMIUM: _A�4/'ellz 11 Date: Junc._25, 2014 A4/ozed Representative MEDICAL MUTUAL INSURANCE COMPANY BRIDGEC PDO20 INC(02/12) OF NORTH CAROLINA PIN:440306519 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Medical Mutual" d-"%7V'D A d"V A n"'F'VTd-%'&T A V TXT� I I Lnr�L3 �,j V Yx%�rviXJL�, "-1A""A-L1"I qtx-u 11 ff"T NI)ORSEMENT Name and Address of Insured: Raleigh Pathology Laboratory Associates PA PO Box 14045 Raleigh,NC 27620 Additional Interest Endorsement Covers: Raleigh Pathology Laboratory Associates PA Endorsement to Policy No: PGI 12061 Policy Effective Date: August 15, 2014 Endorsement Effective Date: August 15,2014 It is agreed that in Section I. INSURING AGREEMENT, Coverage B. Medical Practice and Non-Physician Employee Professional Liability is amended to include, as an Insured., the professional corporation named below, except that the Limits of Liability shown in the Declarations for Coverage B are shared by the Insured covered in Coverage B and the professional corporation named below: Wake Medical Lab Consultants Inc All other terms and conditions of the policy remain unchanged. Countersigned By: Date: June 25, 2014 Auth i ed Representative MEDICAL MUTUAL INSURANCE CONIPANY PE390INC(06/08) OF NORTH CAROLINA BRIDGI'C DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF This Declaration Page is attached to and forms part of certificate provisions (Form SLC-3), Previous No. 466703 Authority Ref. No. 51216PRWI41818 Certificate No. 473388 e-MD TM/MEDEFENSE T11 PLUS POLICY THIS CERTIFICATE IS WRITTEN ON A CLAIMS-MIADE AND REPORTED BASIS. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS POLICY COVERS ONLY CLAIMS FIRST MADE DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD, IF APPLICABLE, AND REPORTED TO UNDERWRITERS NO LATER THAN SIXTY (60) DAYS AFTER THE CLAIM IS FIRST MADE. ALL CLAIMS ARE SUBJECT TO THE APPLICABLE LIMITS OF LIABILITY AND THE APPLICABLE RETENTION(S)� PLEASE NOTE THAT THE LIMITS OF LIABILITY FOR NAMED COVERAGES 1, 11, 111 AND 'Will INCLUDE CLAIM EXPENSES. PLEASE REVIEW THE COVERAGE AFFORDED UNDER THIS INSURANCE POLICY CAREFULLY AND DISCUSS THE COVERAGE HEREUNDER WITH YOUR INSURANCE AGENT OR BROKER. Item 1. Named Insured: Raleigh Pathology Laboratory Associates. P.A.; Wake Medical Laboratory Consultants, Inc. Principal Address: 3000 New Bern Ave, Raleigh, NC 27610 Item 2. Policy Period: August 9, 2014 to August 9, 2015 both days at 12:01 am, standard time at the Principal Address stated in Item 1. Item 3. Named Coverage(s) Purchased (0): You have purchased some or all of the following Named Coverages. Only those Named Coverage(s) that specify a Limit of Liability in Item 4, of this Declarations have been purchased. If a Named Coverage has not been purchased that portion of this Policy is not applicable. I. Multimedia Liability Z 11, Security and Privacy Liability E] Ill. Privacy Regulatory Defense and Penalties Z Iv Privacy Breach Response Costs, Customer Notification Expenses, and Customer Support and Credit Monitoring Expenses Z V. Network Asset Protection Z V1. Cyber Extortion M VII, Cyber Terrorism Z VIII. MEDEFENSE TM Plus Item 4, Limits of Liability A, Limits of Liability for Named Coverage(s) Purchased: Each Claim Aggregate i. Multimedia Liability $1,000,000.00 $1,000,000.00 i1. Security and Privacy Liability $1,000,000,00 $1,000,000.00 Ill, Privacy Regulatory Defense and Penalties $1,000,000.00 $1,000,000.00 IVa Privacy Breach Response Costs, Customer Notification Expenses, and Customer Support and Credit Monitoring Expenses $ 5100,000,00 $ 500,000.00 V. Network Asset Protection $ 250,000,00 $ 250,000,00 VI. Cyber Extortion $1'000'000.00 $1,000,000,00 VII. Cyber Terrorism $1,000,00.00 $1,000,000.00 VM. MEDEFENSETM Plus $1'000'000,00 $5,000,000,00 B. Maximum Policy Aggregate Limit of Liability: $5,000,000.00 D1818CE-0912 Page 1 of 3 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Item 5. Retention,Co-insurance and Waiting Period: I. Multimedia Liability $ 1,000,00 each Claim It, Security and Privacy Liability $ 1,000.00 each Claim III, Privacy Regulatory Defense and Penalties $ 1,000.00 each Claim IV, Privacy Breach Response Costs, Customer Notification Expanses, acid Clu%jLQrtier Support and Credit monitoring Expenses $ 1,000.00 each Claim V. Network Asset Protection Loss of Digital Assets $ 1,000.00 each Claim Special Expenses 100% co-insurance each and every loss Non-Physical Business Interruption and Extra Expense 8 hour Waiting Period VI, Cyber Extortion $ 1,000.00 each Claim V11 Cyber Terrorism $ 1,000,00 each Claim and 8 hour Waiting Period Vill. MEDEFENSETm Plus $ 1,000.00 each Claim and 25% co-insurance, waived for use of panel counsel Item 6. Retroactive Date: L Multimedia Liability None. Unknown prior acts are covered. IL Security and Privacy Liability None. Unknown prior acts are covered, Ill. Privacy Regulatory Defense and Penalties None. Unknown prior acts are covered, IV. Privacy Breach Response Costs, Customer Notification Expenses, and Customer Support and Credit Monitoring Expenses None. Unknown prior acts are covered. V. Network Asset Protection None. Unknown prior acts are covered, VI. Cyber Extortion None. Unknown prior acts are covered, VI I. Cyber Terrorism None. Unknown prior acts are covered, VOL MEDEFENSE TM Plus None. Unknown prior acts are covered. Item 7. Premium: Item 8, Endorsements: Nuclear Incident Exclusion Clause (EI818NIE-01 11) Exclusion 37 Amendatory(121818CEAC-0312) Definition of Regulatory Proceeding Amendatory(E1818CEAT-01 13) Definition of Billing Errors Proceeding Amendatory(E 1 818CEAY-0213) Non-Pyramiding of Limits (E1818CEH-0511) War and Civil War Exclusions Clause(E 181 8WCW-1 213) Item 9. Notification under the Certificate shall be given to: NAS Insurance Services, LLC 16501 Ventura Blvd., Suite 200 Encino, CA 91436 (81 a) 382-2030 D1818CE-0912 Page 2 of 3 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Item 10, Policy form P1818CE-0912 and Application form dated July 9, 2014 are hereby attached and made a part of this Policy. Wherever in any of the forms, clauses or conditions of this insurance the word "Policy" appears,this shall be deemed to be "Certificate", Insurance is effected with certain UNDERWRITERS AT LLOYD'S, LONDON (100%) Item 11, Service of Suit: Mendes& Mount, LLP 750 Seventh Avenue New York, NY 10019-6829 Dated August 18, 2014 NAS INSURANCE SERVICES, LLC By: CorresLon dent D1818CE-0912 Page 3 of 3 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Berkley Insurance Co�mpany Declarations Page Berkley - US ExecSuite Policy for Directors & Officers (Private Company) Employment Practices Liability CLAIM'S MADE WARNING FOR DECLARATION: THIS POLICY PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS SUBJECT TO ITS TERMS, THIS POLICY APPLIES ONLY TO ANY CLAIM FIRST MADE AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD THAT MAY APPLY. PLEASE READ AND REVIEW THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITHI YOUR INSURANCE AGENT OR BROKER. Whenever printed in this Declarations Page,the boldface type terms shall have the same meanings as indicated in the Pollicy. Item 1. Name and Address of Named Insured- Policy Number: 1287292 Raleigh Pathology Laboratory Associates, PA P.O. Box 14045 Raleigh, NC 27620 NORTH CAROLINA NOTICE Person designated to receive all correspondence from the DEFENSE COSTS ARE WITHIN THE POLICY linsurer: LIMITS READ YOUR POLICY CAREFULLY John Lawlor Chief Financial Officer Item 2. Policy Period: From June 15,2014(inception date)to June 15,2015(expiration date) (Both dates at 12:01 a.m. Standard Time at the address of the Named Insured) Item 3. Coverage Sections: Purchased Included in Policy Aggregate Limit Directors, Officers and Corporate Liability Insurance: Yes 11 No 11 Yes ®No Employment Practices Liability Insurance: IK Yes DNo ❑Yes MX No Fiduciary Liability insurance: ❑Yes X No 0 Yes X No Item 4. Limits of Liability for the Policy Period A. Policy Aggregate Limit of Liability for all Coverage Sections purchased as indicated above. (inclusive of Damages and Costs of Defense): Not Applicable B. Separate Aggregate Limit of Liability for each Coverage Section purchased as indicated above(inclusive of Damages and Costs of Defense): 1. Directors, Officers and Corporate Liability Insurance: $1,000,000 2. Employment Practices Liability Insurance: $1,000,000 3. Fiduciary Liability Insurance: Not Applicable Item 5. Deductibles: 1. Directors, Officers and Corporate Liability Insurance: A. Individual Non-indemnifiable: $0 B. Individual Indemnifiable: $10,000 C. Corporate Liability: $10,000 2. Employment Practices Liability Insurance: $10,000 3. Fiduciary Liability Insurance: Not Applicable Item 6. Premium: DEC 32401 (05-13) 1287292 Raleigh Pathology Laboratory Associates, PA Page 1 of 2 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Berkley Insurance Company Item 7. Prior and Pending Litigation Dates: 1. Directors, Officers and Corporate Liability Insurance: A. Insuring Agreements I.A.and I. B.: June 5,2010 B. Insuring Agreement 1. C.: June 5,2010 C. Outside Entity Coverage: June 5,2010 2. Employment Practices Liability Insurance: June 5,2010 3. Fiduciary Liability insurance: Not Applicable Item 8, Extended Reporting Period: Option 1: 12 months for 100.00 percent of the"full annual premium" Item 9. Forms and Endorsements attached: Policy Form: CT 32400(05-13); EPL 34400(05-13); MIL 36400 (05-13) 265(01-14) POLICYHOLDER DISCLOSURE BEL-NC-PAE (05-13) North Carolina Policy Amendatory Endorsement BEL-NC-PFA(05-13) North Carolina Proposal Form Addendum CT 200901 (05-13) Section 11.Severability of Exclusions CT 308901 (05-13) Section Ill. H,Addition of Listed Insured Entity CT 605102(05-13) Section VI. E.Modified Settlement Clause with Reduction in Deductible EPL 301901 (05-13) Section III.A. Claim Includes Illegal Alien Investigative Proceedings with Sub-Limit EPL 308911 (05-13) Section 111. H. Third Party Wrongful Act Endorsement EPL 3089,21 (05-13) Section Ill. H.Wage and Hour Wrongful Act with Costs of Defense Sub-Limit EPL 308951 (05-13) Section III. H.Wrongful Act Includes Social Media with Sub-Limit ML 204011 (05-13) Section 11. D. 1.Additional Excess Aggregate Limit of Liability Dedicated for Insured Persons ML 301901 (05-13) Section Ill.A. Claim Includes Extradition Coverage ML 301912(05-13) Section Ill.A. Claim Includes Formal Investigations with Deductible ML 301916(05-13) Section III.A.Claim Includes Investigation Costs for Shareholder Derivative Investigations Item 10. Notice to the Insurer as provided in sections VII.A.and VII. B. of the Common Policy Terms and Conditions Section of this Policy shall be sent to: Monitor Liability Managers, Claims Department Address: 2850 West Golf Road, Suite 800, Rolling Meadows, IL 60008-4039 Fax: (847)806-4017 Email: newclaim@monitorliability.com All other notices required to be given to the Insurer under this Policy shall be sent to: Monitor Liability Managers Address: 2850 West Golf Road, Suite 800, Rolling Meadows, IL 60008-4039 Fax: (847)806-6282 These Declarations along with the Common Policy Terms and Conditions Section, all Coverage Sections purchased as part of this Policy, and the Proposal shall constitute the contract between the Insureds and the Insurer, Authorized' Representative: Date Issued: May 22, 2014 DEC 32401 (05-13) 1287292 Raleigh Pathology Laboratory Associates, PA Page 2 of 2 DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF X33«,,u Uy —� .�LV, -—3Uxance Company Policy Number S 1940885 SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA 3426 TORINGDON WAY, CHARLOTTE,NC 28277 COMMERCIAL POLICY COMMON DECLARATION Named Insured and Address Policy Period RALEIGH PATHOLOGY LABORATORY ASSOCIATES PA & WAKE MED From: JUNE 7, 2014 LABORATORY CORP To: JUNE 7, 2015 PO BOX 14045 RALEIGH, NC 27620-4045 12:01 AM Standard Time At Location of Designated Premises. Named Insured is: Producer Number: CORPORATION 00-07265-00000 Producer: MMIC AGENCY, LLC NORTH CAROLINA Schedule of Coverage COMMERCIAL AUTOMOBILE COVERAGE BUSINESSOWNERS COVERAGE COMMERCIAL UMBRELLA COVERAGE PREMIUM INCLUDES TERRORISM COVERAGE - In return for payment of the premium,and subject to all the terms of this policy, we agree with you to provide the insurance indicated in the schedule above. Insurance is provided only for those coverages for which a specific limit is shown on the attached coverage declaration(s). PAYMENT METHOD Total Policy Premium - D/B - 4 (This premium may be subject to adjustment.) Date Issued: MAY 13, 2014 Issuing Office: SERVICE CENTER Authorized Representative IL-7025 (11/89) INSURED'S COPY DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF.,' umber Polic`"Number S 19408851V1 S 1940885 BUSINESS AUTOMOBILE COVERAGE DECLARATION Policy Effective Date: JUNE 7, 2014 Coverage Effective Date: JUNE 7, 2014 Business of Named Insured: MEDICAL Item Two-SCHEDULE OF COVERAGES AND COVERED AUTOS. This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those"autos"shown as covered"autos." "Autos"are shown as covered"autos"for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form nest to the name of the coverage. Covera a Schedule Coverages Covered Limit Premium Autos The Yost we Ivill Pay For Any One Accident or Loss Symbols Liability 7,8,9 $1,000,000 CSL — Personal Injury Protection(or First Party Benefits) Separately stated in each P.I.P.Endorsement. Added Personal Injury Protection Separately stated in each P.I.P.Added Endorsement (or Added First Party Benefits) Auto Medical Payments 7 $5,000 — Uninsured Motorists 7 SEE ENDORSEMENT: CA-2107 — Underinsured Motorists Physical Damage Comprehensive Coverage 7 Actual Cash Value or Cost of Repair,whichever is less - minus any applicable deductible shown on the Auto Schedule for Each Covered Auto for all Loss except Fire or Lightning. Physical Damage Specified Causes of Loss Coverage Actual Cash value or Cost of Repair,whichever is less minus $25 deductible for Each Covered Auto for Loss caused by Mischief or vandalism. Physical Damage Collision Coverage 7 Actual Cash value or Cost of Repair,whichever is less - minus the applicable deductible shown on the Auto Schedule for Each Covered Auto. Physical Damage Towing and Labor Coverage Alto. for Each Disablement of a Private Passenger Hired Auto and Non-Owned Auto Coverage INCL. Auto Schedule Trade Body Type vehicle Id.No. Size Use/Class/Radius List Purchased by Insured No. Name I Year Truck Size (N"IN) Class Code Symbol Year I N/U Cost NC 1 HOND 12 FIT SPORT 118295 22 NC 2 HOND 10 FIT SPORT 118295 22 Liability Add. lied. um uim Physical Damage Insurance Towing P.I.P or Prem. No. Terr. Insurance P.I.P.or Paymts. Motorists Comprehensive Specified Causes of Collision Premium F.P.B. F.P.B.. Prem. Premium Ded. Prem. Loss Ded, Prem. NC 1 016 ■ 1,000 ■ 1,000 - NC 2 016 ■ , 1,000 ■ 1,000 - Totals S AN Items Three—Schedule of Covered Autos You Own(see Auto Schedule)—Loss Payees Subject to Loss Payable Clause: Vehicle No Name and Address of Loss Payee Forms and Endorsements: Total Premium Refer to "Commercial Policy Forms and Endorsement Schedule" - (This premium may be subject to adjustment.) CA-7057(02/92) INSURED'S COPY DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Previous Policy Ntunber Policy Ntunber S 1940885 1 r S 1940885 MERCHANTSPRO COVERAGE DECLARATIONS Policy Effective Date: JUNE 7, 2 014 Coverage Effective Date: JUNE 7, 2014 Named Insured is: CORPORATION Business of Named Insured: MEDICAL DESCRIPTION OF PREMISES Prem. Bldg. Location Occupancy No. No. Refer to"Schedule of Locations" In return for payment of the premium and subject to all the terms of this policy,we agree with you to provide insurance for those coverages for which a specific limit is shown in the following coverage schedule COVERAGE SCHEDULE P r o p e r t y Automatic Prem. Bldg. Blanket Increase In No. No. Coverage Limit of Insurance Insurance Deductible valuation Insurance 1 1 BUSINESS PERSONAL PROPERTY $284,913 EXCLUDED $5,000 RC N/A 2 1 BUSINESS PERSONAL PROPERTY $25,525 BLDG & BPP $5,000 RC N/A 3 1 BUSINESS PERSONAL PROPERTY $25,525 BLDG & BPP $5,000 RC N/A 4 1 BUSINESS PERSONAL PROPERTY $2,552 BLDG & BPP $5,000 RC N/A 5 1 BUSINESS PERSONAL PROPERTY $25,525 BLDG & BPP $5,000 RC N/A TOTAL BLANKET BPP & BLDG $79,127 LIABILITY AND MEDICAL PAYMENTS Liability and Nledical Expenses Limit $1,0 0 0,0 0 0 General Aggregate Limit $3,0 0 0,0 0 0 Nledical Expenses Limit-Per Person $10,0 0 0 Product Aggregate Limit $3,0 0 0,0 0 0 Forms and Endorsements: Premium Amount Refer to "Commercial Policy Forms and Endorsement Schedule" BP-7119(04/10) INSURED'S COPY DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Previous PolicyNumber Policy Number Y S 1940885 S 1940885 SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA 3426 TORINGDON WAY, CHARLOTTE,NC 28277 DECLARATIONS - COMMERCIAL UMBRELLA LIABILITY COVERAGE Item One-Name of Insured & Mailing Address Policy Period From: JUNE 7, 2014 SEE COMMERCIAL POLICY COMMON DECLARATION: IL-7025 To: JUNE 7, 2015 12:01 A.M.,Standard Time At The Insured's Mailing Address. Producer: Producer Number: SEE COMMERCIAL POLICY COMMON DECLARATION: IL-7025 00-07265-00000 Named Insured is: CORPORATION Business of the Named Insured: MEDICAL Limits Of Insurance Occurrence Limit $1,0 0 0,0 0 0.0 0 Aggregate Limit $1,0 0 0,0 0 0.0 0 Self Retained Limit: $.0 0 Schedule of Underlying Insurance and Limits Standard Employers Liability or Stop-Gap Policy No. WC7227674 Employers Liability Policy Company SELECTIVE INS CO OF AMERI Policy Period Employers Liability Each Accident $10 0,0 0 0 From: JUNE 7, 2 014 Disease Each Employee $10 0,0 0 0 To: JUNE 7, 2015 Disease Each Policy $5 0 0,0 0 0 Commercial General Liability Policy Policy No. Company Policy Period General Aggregate From: Products-Completed Operations To: Personal and Advertising Injury Limit Each Occurrence Limit Automobile Liability Policy Policy No. S 194088504 Company SELECTIVE INS CO OF SOUTH Policy Period Bodily Injury and Property From: JUNE 7, 2014 Damage Combined Each Accident $1,0 0 0,0 0 0 To: JUNE 7, 2015 Premium Schedule: Estimated Exposure Base Rate Rate Per Annual Minimum Premium Estimated Premium Due In the event of cancellation by the Named Insured we will receive and retain not less than as the Policy Minimum Premium. Forms and Endorsements: SEE FORMS AND ENDORSEMENT SCHEDULE: IL-7035 MAY 13, 2014 SERVICE CENTER Issue Date Issuing Office Authorized Representative CX-0003 (01/99) INSURED'S COPY Coverage Effective Date Polic`-Number DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF 4 S 1940885 DECLARATIONS - COMMERCIAL UMBRELLA LIABILITY COVERAGE SCHEDULE OF UNDERLYING INSURANCE AND LIMITS EXTENSION BOP Policy No. S 194088504 Company Selective Ins Co of South EACH OCCURENCE LIMIT: $1,000,000 GENERAL AGGREGATE LIMIT: $3,000,000 PRODUCT AGGREGATE LIMIT: $3,000,000 Policy Period From: JUNE 7, 2014 To: JUNE 7, 2015 Employee Benefits Policy No. S 194088504 Company SELECTIVE INS CO OF SOUTH AGGREGATE LIMIT: $3,000,000 PER CLAIM LIMIT: $1,000,000 Policy Period From: JUNE 7, 2014 To: JUNE 7 2015 Policy No. Compam Policy Period From: To: Policy No. Company Policy Period From: To: Policy No. Company Policy Period From: To: Policy No. Company Policy Period From: To: CX-0004(01/99) INSURED'S COPY DocuSign Envelope ID: 72574FBA-38BB-482F-A711-18C4CFEC2EDF Issued by The Stock Insurance Company WC 00 00 01 A POLICY NUNIBER PREVIOUS POLICY NUNIBER WC 7227674 WC 7227674 SELECTIVE INSURANCE COMPANY OF AMERICA 40 WANTAGE AVE, BRANCHVILLE, NJ 07890 INFORMATION PAGE NCCI COMPANY NO. 11169 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ITEM 1.NAME OF INSURED&MAILING ADDRESS PRODUCER'S NAME AND nL1ILING ADDRESS RALEIGH PATHOLOGY LABORATORY ASSOCIATES MMIC AGENCY, LLC PA & WAKE MED LABORATORY CORP PO BOX 98028 PO BOX 14045 RALEIGH, NC 27620-4045 RALEIGH, NC 27624-8028 INSURED IS: CORPORATION FED ID NO. 561230477 AGENT NIIAIBER: 31-00-07265-00000 ITEM 2.POLICY PERIOD The Policy Period is from JUNE 7, 2014 To JUNE 7, 2015 12:01 AAL,standard time at the insured's mailing address. ITEM 3.COVERAGE A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation law of the states listed here: NC B. Employers Liability Insurance: Part Two of the policy applies to work in each stated listed in Item 3.A. The limits of our liability raider Part Two are: Bodily Injury By Accident $10 0,0 0 0 each accident Bodily Injury By Disease $10 0,0 0 0 each employee Bodily Injury By Disease $5 0 0,0 0 0 policy limit C. Other States Insurance: Part Three of the policy applies to the states,if any,listed here: ALL STATES EXCEPT ND,OH,WA & WY. ITEM 4.PREAIIUAI: The premiurn for this policy will be determined by our manuals of rules,classifications,rates and rating plans. All information required below is subject to verification and change by audit. Code Premiurn Basis Rate Per Estimated CLASSIFICATION No. Total Estimated $100 of Animal Animal Renrtuieration Remuneration Premium SEE ATTACHED SCHEDULE(S) EXPENSE CONSTANT 0900 - TERRORISM - NC $.010 9740 - CATASTROPHE - NC $.010 9741 - Minimum Premium Total Estimated Cost If indicated below,interim adjustments of premium shall be made: ❑ Semi-Armually ❑ Quarterly ❑ Monthly Deposit Premium This policy includes these endorsements and schedules: REFER TO WC-52 D/B - 4 - 770655299 Issue Date: MAY 13, 2014 Issuing Office: SERVICE CENTER, 23225-0325 Authorized Representative Form-64(07/08) Copyright 1987 National Council on Compensation Insurance. INSURED'S COPY