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ERMSA -15 -0007 <br />Provider shall not charge for costs that are not directly. related to the housing and <br />detention of detainees. Such unallowable costs include but are not limited to, <br />i) Salaries of elected officials <br />2) Salaries of employees not directly engaged in the housing and detention of <br />detainees <br />3) Indirect costs in which a percentage of all local government costs are pro -rated <br />and applied to individual departments runless, those cost are allocated under an <br />approved Cost Allocation Plan <br />4) Detainee services which are not provided to, or cannot be used by, Federal <br />detainees <br />5) Operating costs of facilities not utilized. by Federal detainees <br />6) Interest on borrowing (however represented), bond discounts, costs of <br />financing/rofinancing, except as prescribed by OMB Circular A -87, <br />7) Legal or professional fees (specifically legal expenses for prosecution of claims <br />against the Federal Government, legal expenses of individual detainees or <br />inmates) <br />8) Contingencies <br />D. Interpretive /Translation Services: The Service Provider shall make special provisions for <br />non - English speaking, handicapped or illiterate detainees. Upon request, ICE will assist <br />the Service Provider in obtaining translation services through a toll free line. The Service <br />Provider shall provide all instructions verbally, either in English or the detainees' <br />language, as appropriate, to detainees who cannot read. <br />E. Escort and Transportation Services: The Service Provider shall provide, upon request <br />and as scheduled by ICE, necessary escort and transportation services for ICE detainees <br />to and from designated locations. Escort services shall be required for escorting <br />detainees to court hearings; escorting detainees who are witnesses to the courtroom and <br />staged with the ICE Judge during administrative proceedings. Transportation Services <br />shall be performed by at least two (2) qualified sworn law enforcement or correctional <br />officer personnel employed by the Service Provider render their policies, procedures and <br />authorities. <br />F. No ICE Liability for Failure to Meet Minirnurn Guarantee: ICE will not be liable for any <br />failure to meet the minimum or population guarantee if such failure results directly from <br />an occurrence that impairs the ability of ICE to use the facility's capacity, and such <br />occurrence arises out of causes beyond the control and without the fault or negligence of <br />ICE. Such causes may include, but are not limited to, acts of God or the public enemy, <br />fires, floods, freight embargoes, court orders and extraordinarily severe weather. This <br />provision becomes effective only if ICE immediately notifies the Provider of the extent <br />and nature of the occurrence resulting in the failure and takes all reasonable steps to limit <br />any adverse effects required by the occurrence. <br />25G -8 <br />