Submitted by:
·Date Submitted:
Examined by:
Chairman signed:
DOCUMENT VET SHEET for
Karen McConnaughay Chairman, Kane County Board
(Print narn~
~·
(Date)
8 2-L{-JO No ··
Document returned to:
4@)W) ,/ Rev. 8/05
' J
STATE OF ILLINOIS
COUNTY OF KANE
RESOLUTION NO. 09-467
DRUG TESTING SERVICE CONTRACT (Kane County Court Services)
WHEREAS, the Kane County Court Services issued a Request for Proposal for contractual lab services for the testing of urine samples for drugs and alcohol; and
WHEREAS, four vendors responded to the RFP 09-057 for drug testing services; and
WHEREAS, Redwood Toxicology Laboratory in Santa Rosa, CA scored the highest of the four vendors based upon offering the lowest price per test, the overall description of laboratory conditions and. processes, and Court Services' past experience of working with this vendor to provide this service; and
WHEREAS, adequate funds have been budgeted to allow purchase of these services from the vendor.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof be, and hereby is, authorized and directed to execute a contract with Redwood Toxicology Laboratory for a term of three years, with a mutual option to extend, subject to appropriation and the right of the County to terminate the contract in accordance with the provisions of the contract. The cost to the County for such services shall be Three Dollars and Fifty Cents ($3.50) per sample tested. The total cost-to the County shall not exceed the sum of One Hundred Twenty Thousand Dollars ($120,000) per year.
Line item Line Item Was personnel/item/service Are funds currently If funds are not currently Description approved in original budget or available for this available in the specified
a subsequent budget personnel/item/service in line item, where are the revision? the specified line item? funds available?
001-430-431-50500 Lab Services Yes Yes N/A 001-430-432-50500 Lab Services Yes Yes N/A 001-430-434-50500 Lab Services Yes Yes N/A 271-430-461-50500 Lab Services Yes Yes N/A 270-430-460-50500 Lab Services Yes Yes N/A
Passed by the Kane County Board on December 8, 2009.
John A. Cunningham Clerk, County Board Kane County, Illinois
Vote: Yes No Voice Abstentions
12DrugTesting-Final
Karen McConnaughay Chairman, County Board Kane County, Illinois
CONTRACT FOR SERVICES & PRODUCTS
I. PURPOSE
THIS AGREEMENT is entered into by and between Redwood Toxicology Laboratory, Inc., a California corporation with its principal place of business at 3650 Westwind Blvd., Santa Rosa, CA, 95403, hereinafter referred to as RTL, and Kane <::ounty, 37W777 Route 38, Suite 150, St. Charles, IL 60175, hereinafter referred to as "Court Services", and in consideration of the mutual promises of the parties, as set forth below, have agreed as follows:
II. RTL certifies and agrees:
A. That it is licensed by the State of California, and the Centers for Medicare & Medicaid Services, Clinical Laboratory Improvement Amendments of 1988 and the Drug Enforcement Administration to perform drugs of abuse testing throughout the United States. RTL participates in the proficiency testing program administered by the American Association of Bioanalysts.
B. DRUG TESTING SERVICES
Revised 1/7/2010
1. Upon request by Court Services, RTL will provide drug screening for Alcohol (Ethanol), Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Methadone, Opiates, PCP, Propoxyphene and THC, please see Attachment A for pricing. The screening method is an Enzyme Immunoassay Technique. Confirmation of positive tests for alcohol is performed by gas chromatography. Positive tests for amphetamines, barbiturates, methadone, propoxyphene and opiates are confirmed by thin !ayer chromatography (TLC). Cocaine and THC are confirmed by radioimmunoassay (RIA). PCP is confirmed by gas chromatography mass spectrometry (GC/MS). Benzodiazepines are confirmed by either RIA or liquid chromatography tandem mass spectrometry (LC/MS/MS). A test for creatinine will be performed on each specimen to rule out possible specimen dilution.
2. Upon request by Court Services, RTL will provide GC/MS confirmation of positive drug screens at a cost of eight dollars ($8.00} for each positive drug tested.
3. Upon request by Court Services, RTL will provide urine testing for ethyl glucuronide (EtG) and ethyl sulfate (EtS) alcohol metabolite for sixteen dollars ($16.00} per urine specimen. EtG is screened, confirmed, and
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Revised 1nt2010
quantified by liquid chromatography/tandem mass spectrometry (LC/MS/MS).
4. RTL will provide additional toxicology tests for urine and oral fluids upon request to Court Services as outlined on Attachment A under Additional Laboratory Testing Options and RTL-Oral Testing Options.
5. RTL will provide Court Services with monthly invoices.
6. RTL's standard service includes all urine collection and shipping supplies. Supplies include requisition forms, specimen labels, urine specimen bottles, chain of custody forms and security seals.
7. All reports from RTL to Court Services will be transmitted to Court Services electronically via Internet (www.webtoxicology.com). Fax summary and/or hard copy reports will be provided to Court. Services by RTL upon request. Pre-paid mailer boxes for specimens sent in to the laboratory are provided when fewer than five (5) specimens are sent to RTL at one time. Next day air service supplies are provided when five (5) or more specimens are sent in one lab pack bag or box at one time. Less than five (5) specimens sent in to the lab at one time via next day aii- service will be assessed a seven dollar ($7 .00) charge per shipment. Outbound shipping and handling of . RTL laboratory supply orders will be assessed on an 'at cost' basis.
8. Both negative and positive results for basic urine tests are available within twenty-four {24) hours after receipt of specimens by RTL. Positive specimens will be saved for six months. RTL will confirm all positive tests by the methods indicated in Sections B.l. through B.3., and report all confirmed positives to authorized Court Services personnel 'vVithin forty-eight {48} hours after receiving specimen(s). Confirmed positive results by GC/MS will be reported to authorized personnel within forty-eight (48) to seventy-two (72) hours after receiving specimen(s) or after receiving request· for GC/MS confirmation. EtG/EtS tests performed by LC/MS/MS will be reported to authorized personnel within forty-eight (48) to seventy-two {72) hours of receipt of specimen at the laboratory.
9. RTL will provide Court Services with court representation/testimony at a cost of three hundred and fifty ($350.00) dollars per day plus travel, a daily meal per-diem and hotel cost not to exceed the county and state rates, and any other related travel cost.
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C. DRUG TESTING PRODUCTS
1. Upon request by Court Services, RTL will sell on-site drug and/or alcohol screening devices ("Product") as designated on Attachment A at the prices set forth thereon.
2. RTL will provide Court Services with invoices to the appropriate office, as designated by Court Services. Invoices for on-site devices are mailed one day after device order shipment. Laboratory service fees are not included on the invoices for drug testing products.
3. Collection and shipping supplies are available for the on-site testing devices. Supplies include requisition forms, specimen labels, urine specimen bottles or collection beakers, chain of custody forms and security seals. Shipping and .handling of on-site device orders will be assessed on an 'at cost' basis.
D. RTL shall furnish to Court Services such information as may be requested which relates to the services described in this Agreement. RTL shall provide reasonable access to all records, books, reports and other necessary data and information needed to accomplish reviews of services and expenditures.
E. RTL shall comply with the requirement that the employees of Court· Services or individuals acting as agents of Court Services are not authorized to receive any type of personal payment, reimbursement, compensation, commission, gratuity or gift for services provided under this Agreement RTL warrants that no employee or agent of Court Services has been retained to solicit or secure this Agreement and that RTL has not paid or agreed to pay any employee of Court Services any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent
Agreement. The unauthorized offering or receipt of such payments may result in the immediate termination of this Agreement.
Ill. Court Services agrees:
A. To pay all invoices within thirty (30) days from receipt of invoice.
B. That any order of urine collection supplies and/or on-site urine and or alcohol screening devices received by Court Services shall be deemed accepted by Court Services unless Court Services notifies RTL in writing within twenty days of receipt that it rejects the order in whole or in part and states the reason for said rejection. Court Services understands that the Product has a limited shelf life and that the delayed return of Product for reasons other than being either non-conforming or
Revised 1/7/2010 3
defective, places commercial limitations on the resale of said Product to other purchasers.
1. Any order rejected by Court Services on the basis that the on-site drug and/or alcohol screening devices are either non-conforming or are defective may be returned to RTL for full credit or replacement as set forth below.
2. Any on-site drug and/or alcohol screening devices returned for any other reason shall be subject to a restocking fee equal to twenty percent {20%} of said order.
C. Court Services shall read and follow all of the instructions for use supplied with the Product. Court Services further acknowledges that the Product is a screen only, and that RTL strongly recommends the confirmation of any positive screen result by appropriate, recognized laboratory confirmation methodology before taking any action deemed adverse to the specimen donor.
IV. A. WARRANTIES
RTL warrants to Court Services:
1. That the Products shall be free from defects in material and workmanship and shall be in conformity in all material respects with the Specifications throughout the duration of their stated shelf life; and
2. With respect to the performance of all duties and obligations hereunder and for the duration of this Agreement, RTL shall carry Comprehensive General Liability Insurance coverage and Professional Liability Coverage, both with an insurance company or companies acceptable to Court Services providing for a limit of not .
Revised 117/2010
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($2,000,000.00) in the aggregate, written on an occurrence basis, for all damages arising out of bodily injury, death or property loss related to RTL's performance of its duties under this Agreement. Said policy shall be primary and noncontributory, with respect to any insurance maintained by RTL. RTL shall name the County of Kane, Court Services, their officers, agents, members, volunteers, and employees as additional insureds. RTL shall furnish Co.urt Services with a certificate of insurance and RTL shall provide a copy of the additional insured endorsement evidencing the required coverage, upon execution of the Agreement. The certificate of insurance shall contain a thirty {30) day notification provision to Court Services prior to cancellation or modification of the policies.
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B. REMEDIES AND LIABILITY
1. RTL, at its sole expense, shall indemnify, defend and hold harmless Court Services and its officers, employees, agents, and others acting on Court Services' behalf, from and against all losses, costs, expenses (including reasonable attorneys' fees), damages, liability and claims arising out of, or resulting from RTL's performance of any provision of this Agreement.
2. In the event that all or part of the delivered Products or supplies are found defective or otherwise in breach of any warranty given herein, RTL shall replace the defective Products or supplies with conforming Products and supplies and shall bear the relevant freight costs to Court Services, provided that Court Services shall promptly after discovery give notice of the defect or nonconformance to RTL. THE PROVISIONS OF THIS CLAUSE SHALL BE COURT SERVICES' SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO NONCONFORMING PRODUCTS AND SUPPLIES.
3. If a shipment is found to have nonconforming Products or supplies, Court Services reserves the right to withhold payment until said nonconforming Products or supplies are replaced by RTL. In the alternative, Court Services may pay the invoice for the nonconforming Products or supplies prior to replacement and receive a credit for the amount so paid toward a subsequent order. In the event Court Services accepts non conforming Products or supplies at a discounted price, credit will be applied to future orders.
LIMITATION OF LIABILITY
RTL shall not be liable for any loss or damage resulting from the use, operation or performance of the Products or related in any way to their acquisition, regardless of the form of action, except for loss or damage caused by the sole negligence of RTL. IN NO EVENT SHALL RTL BE LIABLE TO COURT SERVICES FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, INTERRUPTION OF BUSINESS, EVEN IF RTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL RTL'S LIABILITY TO COURT SERVICES EXCEED THE VALUE OF PRODUCTS PURCHASED, (E.G. COURT SERVICES'S COST OF GOODS), UNDER THIS AGREEMENT DURING THE PREVIOUS SIX (6) MONTH PERIOD.
V. Both Parties agree:
Revised 1/7/2010 5
A. It is the intention of the parties that RTL be an independent contractor and not an employee.
B. This Agreement and the parties' obligations hereunder shall be governed, construed, interpreted and enforced in accordance with the laws of the State of Illinois and venue shall only lie in the Circuit Court of the 16th Judicial Circuit, Kane County.
C. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and shall be read in conjunction with RFP 09-057. This Agreement may be amended, or any term thereof modified, only by a written instrument duly executed by both parties.
D. The term of this Agreement shall be for a period of three (3) years beginning January 1, 2010, and ending December 31, 2012, with a mutual option to extend. During the first year of this Agreement, Court Services has the right to terminate this Agreement due to RTL's failure to perform its obligations under this Agreement or Court Services' lack of funding, upon thirty {30) days prior written notice. After the first year of this agreement, either party has the right to terminate this Agreement for any reason or no reason upon thirty (30) days prior written notice to the other Party. The prices· set forth in Attachment A will be held firm during the term of this Agreement.
Mr. Albert Berger General Manager
3650 Westwind Blvd. Santa Rosa, CA 95403
Agency Name Address City, State Zip
Revised 117/2010
Date.
Date
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Attachment A Kane County Court Services Court Services
Pricing Schedule
Laboratory Testing Services
Five (5) panel: $3.00 per specimen Includes Alcohol, Amphetamines, Cocaine, Opiates and THC
Six (6) panel: $3.25 per specimen Includes Alcohol, Amphetamines, Cocaine, Opiates, PCP and THC
Seven (7) panel: $3.50 per specimen Includes Alcohol, Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Opiates and THC
Eight (8) panel: $3.75 per specimen Includes Alcohol, Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Opiates, PCP and THC
Ten (10) panel: $4.25 per specimen Includes Alcohol, Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Methadone, Opiates, PCP, Propoxyphene and THC.
GC/MS Confirmation: $8.00 per drug
EtG/EtS Test $16.00 per specimen (screened and confirmed) EtG/EtS is screened and confirmed by LC/MS/MS.
Additional Laboratory Testing Options
Steroid Panel: $55.00 per specimen
Comprehensive Panel: $60.00 per specimen- screen $20.00 per positive drug class - GC/MS confirmation
Confirmation panel is automatically confirmed by GC/MS for all positive drug classes
GHB Urine Test: $40.00 per specimen
Fentanyl Urine Test: $40.00 per specimen
Single Drug Panel: $0.25 per specimen Includes any single drug listed under 5-10 drug panels above under Laboratory Services, when requested in conjunction with a larger laboratory panel.
Oxycodone Test: $3.50 per specimen
Revised 1/7/2010 7
RTL-Oral Testing Options The following testing options are available to Kane County.
Laboratory Based Oral Fluid Testing (RTL-Oral)
RTL-Oral Collection Device: $2.20 per device
RTL-Oral Laboratory Panels: Please see below for options and pricing
RTL-ORAL STANDARD PANELS
Automatic GCIMS Confirmation on Screened Positives
Standard 6 Panel Code 9011
$10.00 I specimen Amphetamine
Methamphetamine (includes M DMA/Ecstasy)
Cocaine Opiates
Marijuana (THC) Phencyclidine (PCP)
Standard 6 w IBenzodiazepines Panel Code 9018
$10.00 I specimen Amphetamine
Methamphetamine (includes MDMAIEcstasy)
Cocaine Opiates
Marijuana (THC) Benzodiazepines
METHADONE PANELS
GCIMS Confirmation for an Additional Fee of $12.50 per Drug
Methadone7 Panel Code 9005 · $8.00 I specimen
Amphetamine Methamphetamine (includes MDMA/Ecstasy)
Revised 1/7/2010
Cocaine Opiates
Marijuana (THC) Methadone
Phencyclidine (PCP)
8
Methadone 7 wiBenzodiazepines Panel Code 9017 $8.00 I specimen
Amphetamine Methamphetam.ine (includes
MDMA/Ecstasy) Cocaine Opiates
Marijuana (THC) Methadone
Benzodiazepines
On-Site Drug and Alcohol Screening Devices
PANEL-DIP SUBSTANCE ABUSE TEST DEVICE
BOX PART UNIT PRICE
NUMBER DRUG(S) CONFIGURATION PRICE (25/BOX} 01102 0018 1 AMPHETAMINES (AMP) $0.60 $15.00
01102 0002 1 METHAMPHETAMINE$ (MAMP) $0.60 $15.00
01102 0019 1 BARBITURATES (BAR) $0.60 $15.00
011021955 1 BUPRENORPHINE (BUP) $0.60 $15.00
01102 0022 1 BENZODIAZEPINES (BZO) $0.60 $15.00
01102 0001 1 COCAINE {COC) $0.60 $15.00 01102 0020 1 METHADONE {MTD) $0.60 $15.00
01102 0036 1 MDMA (Ecstasy) $0.60 $15.00 01102 0003. 1 OPIATES{300) {OPI) $0.60 $15.00
01102 0037 1 OXYCODONE {OXY) $0.60 $15.00 01102 0023 1 TRICYCLIC ANTIDEPRESSANTS (TCA) $0.60 $15.00 01102 0004 1 MARIJUANA (THC) $0.60 $15.00 01102 0021 1 PHENCYCLIDINE {PCP) $0.60 $15.00 01102 0007 2 COC/MAMP $1.06 $26.50 01102 0.005 2 COC/OPI(300) $1.06 $26.50 01102 0006 2 COC/THC $1.06 $26.50 01102 0008 2 MAMP/THC $1.06 $26.50 01102 0030 2 MAMP/ OPI{300) $1.06 $26.50 01102 0009 3 COC/ MAMP/ THC $1.35 $33.75 01102 0010 3 COC/ OPI(300)/ THC $1.35 $33.75 01102 0011 3 MAMP / OPI{300)/ THC $1.35 $33.75 01102 0014 3 COC/ MAMP/ OPI{300) $1.35 $33.75 01102 0012 4 COC/ MAMP/ OPI{300)/ THC $1.70 $42.50 01102 0032 4 AMP/ COC/ OPI(300)/ THC $1.70 $42.50 01102 0015 5 BZO/ COC/ MAMP/ OPI{300)/THC $1.75 $43.75 01102 0013 5 COC/ MAMP/ OPI{300)/ PCP/ THC $1.75 $43.75 01102 0033 5 AMP/ COC/ OPI{300)/ PCP/THC $1.75 $43.75 01102 0034 5 AMP/ COC/ MAMP/ OPI(300)/ THC $1.75 $43.75 01102 0016 6 BZO/ COC/ MAMP/ OPI{300)/ PCP/ THC $2.16 $54.00 01102 0017 6 BZO/ COC/ MAMP/ MTD/ OPI(300)/ THC $2.16 $54.00 01102 0024 6 BAR/ BZO/ COC/ MAMP/ OPI{300)/ THC $2.16 $54.00 01102 0119 6 MAMP/ COC/ OPI{300)/THC/ OXY/ BZO $2.16 $54.00 01102 0035 7 AMP/ BZO/ COC/ OPI{300)/ PCP/ TCA/ THC $2.69 $67.25
AMP/ BAR/ BZO/ COC/ MAMP/ MTD/ OPI(300)/ PCP/TCA/ 01102 0025 10 THC $3.64 $91.00
MAMP/ COC/ THC/ BZO/ MTD/ BAR/ MDMA/ OPI{300)/ 01102 0138 10 PCP/ OXY $3.64 $91.00
COC/ AMP/ M-AMP/THC/ MTD/ MDMA/ OPI{300)/ 01102 0141 12 OXY / PPX/ PCP/ BAR/ BZO $4.20 $105.00
Revised 1/7/2010 9
REDICUP SUBSTANCE ABUSE TEST DEVICE BOX
PART UNIT PRICE NUMBER DRUG(S) CONFIGURATION PRICE (25/BOX)
01102 0026 4 COC/ MAMP/ OPI(300}/ THC $3.49 $87.25
01102 0027 5 BZO/ COC/ MAMP/ OPI(300}/ THC $3.82 $95.50
01102 0028 5 COC/ MAMP/ OPI(300)/ PCP/ THC $3.82 $95.50
01102 0029 6 BZO/ COC/ MAMP/ OPI(300}/ PCP/ THC $4.29 $107.25
01102 0135 6 MAMP/ COC/THC/ AMP/ OPI(2000}/ BZO $4.29 $107.25
01102 0058 10 AMP/ BAR/ BZO/ COC/ MAMP/ MTD/ OPI(2000}/ PCP/ TCA/ THC $5.84 $146.00
01102 0059 10 AMP/ BAR/ BZO/ COC/ MAMP/ MTD/ OPI(300}/ PCP/TCA/ THC $5.84 $146.00
01102 0137 10 MAMP /COC/THC/BZO/MTD/BAR/MDMA/OPI(300}/PCP /OXY $5.84 $146.00
INTEGRATED CUP II SUBSTANCE ABUSE TEST DEVICE BOX
PART UNIT PRICE NUMBER DRUG(S) CONFIGURATION PRICE (25/BOX)
01102 2001 4 COC/THC/OPI(2,000)/MAMP $2.95 $73.75 COC/THC/OPI(2,000)/AMP/MAMP with adulteration (OX, SG, PH, Nl,
01102 2051 5 GL, CR) $3.82 $95.50
011021984 6 COC/THC/OPI(2,000}/ AMP /MAMP /BZO $3.82 $95.50 01102 2008 8 COC/THC/OPI(2,000)/ AMP /MAMP /PCP /BZP /BAR $4.33 $108.25
011021985 10 COC/THC/OPI(2,000)/AMP/MAMP/PCP/BZO/BAR/MTD/MDMA $5.82 $145.50 COC/THC/OPI(300}/AMP/MAMP/BZO/BAR/MTD/MDMA/
01102 2096 12 OXY/BUP/PPX $6.36 $159.00
iCUP SUBSTANCE ABUSE TEST DEVICE BOX
PART UNIT PRICE NUMBER DRUG(S) CONFIGURATION PRICE (25/BOX)
iCup A.D. 5 PANEL COC:j THC:j OPJj AMPj MAMP with aduiteration 01102 2021 5 OX/SG/ PH $4.07 $101.25
iCup A.D. 6 PANEL COC/ THC/ OPI (2,000)/ AMP/ MAMP/ PCP with 01102 2023 6 adulteration OX/ SG/ PH $4.58 $114.50
iCup A.D. 6 PANEL COC/ THC/ OPI (2,000)/ AMP/ MAMP / BZO with 01102 2022 6 adulteration OX/ SG/ PH $4.58 $114.50
iCup A.D. 8 PANEL COC/ THC/ OPI (2,000)/ AMP/ MAMP/ PCP/ BZO/ 01102 2037 8 BAR with adulteration OX/ SG/ PH $5.22 $5.22
iCup A.D. 8 PANEL COC/ THC/ OPI(300)/ AMP/ MAMP/ BZO/ OXY/ 01102 2069 8 PCP with adulteration OX/ SG/ PH $5.22 $5.22
Revised 1/7/2010 10
ORAL FLUID/BREATH PRODUCTS PART UNIT BOX PRICE
NUMBER DRUG(S) CONFIGURATION PRICE (25/BOX) 01102 2024 5 iScreen OFD 5 PANEL COC/ THC/ OPI/ AMP/ MAMP $5.75 $143.75
01102 2025 6 iScreen OFD 6 PANEL COC/THC/ OPI/ AMP/ MAMP/ PCP $6.00 $150.00 ON-SITE ORAL DRUGS OF ABUSE- AMP/ COC/ MAMP/ OPI/
01102 0127 6 PCP/THC $5.00 $125.00
01102 2083 6 ORALERT- AMP /COC/MAM P /OPI/THC/BZO $5.00 $125.00 INSTANT ALCOHOL SALIVA- Detects 0.02%, 0.08%, 0.30%
01362 0001 1 SAC $0.75 $18.75 01215 0004 1 BREATH ALCOHOL- 0.02% CUTOFF $2.05 $51.25
ADULTERATION PART UNIT BOX PRICE
NUMBER DRUG(S). CONFIGURATION PRICE (25/BOX) 011021910 7 ONE-STEP VALIDITY TEST (Seven Parameter) $0.85 $21.25
RTL's on-site screening devices are packaged 25 per box. Pricing listed above includes collection
bottle or beaker (with Panel-Dip devices only), security seals, and temperature strips (urine
drug test devices only). .
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