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HomeMy WebLinkAbout18-236 - King County - 2019 Surface Water Management Billing and Collections18-236(a) Council Approval 6/2/25 FALTAIA0111Ti141 LIN 6:JI TO INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR SURFACE WATER MANAGEMENT FEE COLLECTION AND REMITTANCE RELATED SERVICES The purpose of this Agreement is to set forth the services the Parties agree the County will provide to the City: 1) management of the City's SWM Service charge ratepayers database; 2) provision of customer services related the City's SWM service charge; 3) billing of the City's SWM service charge to ratepayers through the King County Property Tax Statement and 4) collection of SWM service charges and transmittal of receipts to the City. This Amendment ("Amendment #1") to the above-named Agreement is to 1) implement the City's 2025 adopted SWM service rate charge structure; 2) update the description of services and Costs and Billing and 3) revise the 2026 cost estimate for SWM service billing and revenue collection services. The Agreement is amended as follows (deleted text is shown in strikethrough and added text is underlined): III. Description of Services F. King County will also include any delinquent SWM service charges on the annual King County Property Tax Statement and attempt to collect any delinquent SWM Service charges for 18 3 years before referring any uncollectable charges back to the City for disposition. V. Costs and Billing A. Tukwila will -pay an annual per -account fee for SWM service charge database management and customer service. King County may adjust the annual per -account fee annually (typically between $1-.58 2.00 to $1,80 2.40), based on staff and overhead cost changes authorized in the adopted King County bi-annual budget. The per account fee will be billed two times a year. B. Tukwila will pay a one-time fee estimated to be between $47,413 50,000 to $1 ^�4 70,000, to convert the King County SWM service charge customer database for Tukwila accounts, implementing the 2026 City's SWM fee rate structure. C. King County will send an Invoice to the City for the annual per -account billing fee outlined above in two installments annually (approximately May and October). The one-time conversion fee will be billed in two installments in PAI9 2025. The City will pay invoices within 45 days of receipt. VI. Effectiveness, Duration, Termination and Amendment A. This Agreement is effective upon signature by both Parties and will remain in effect until DeeeFnbeF31, 2028 December 31, 2030. Tukwila SWM Service Charge Rate Structure Costs for Billing and Revenue Collection Services Provided by King County ._ $9,935.25 estimated 2026 per -account fee of $1.97*) One-time fee not to exceed $70,000 to customize King County database $70,000 for Tukwila accounts (estimated to be between $50,000 to $70,000) Annual Revenue Collection (based on 1% of estimated annual revenue)65 877.81 TOTAL 1 $145.813.06 0-111 NO i W-1 01101 _1111 1110-1 �WIIIIIIIIIII .. $169',�-9 9 4i5 2026 Cost Estimate for SWM Billing and Revenue Collection Services Annual SWM Service Billing (Based on 5,095 number of accounts and $9,935.25 estimated 2026 per -account fee of $1.97*) One-time fee not to exceed $70,000 to customize King County database $70,000 for Tukwila accounts (estimated to be between $50,000 to $70,000) Annual Revenue Collection (based on 1% of estimated annual revenue)65 877.81 TOTAL 1 $145.813.06 *as of the date of the execution of the attached Amendment #1, the actual fee has yet to be calculated for 2026. The estimated range is $2.00 to $2.40). All other terms and conditions of the original Agreement, as amended, remain if effect. The parties have executed this Amendment #1 by having their representatives sign below. Docusign Envelope ID: 46153C11-9828-47AF-AB93-3E1973FO945F IN WITNESS WHEREOF, the Parties hereto have executed this Amendment #1 on the 3rd day of June , 2025 Approved as to Form —EZ' igned by: By: NI tL�t at ( awlt,s SII3AQOli,"QE... Title: Deputy Prosecuting Attorney Approved as to Form Signed by: By: � ' 1 N"LA& Title: 6/4/2025 Approved �s to Form By. �.Signed y: . Sand. �,•.—s�ass� King County F Signed by: By: 207AF316BFOB4B6... Title: Department Director Department of Natural Resources and Parks L6: Signed by: By: Title: Division Director Finance and Business Operations Division of the Department of Executive Services City of Tukwila Signed by: ^-•-•-- SE E24380545B44C... Title: city Attorney Title: Mayor 18-236 Council Approval 9117118 INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR SURFACE WATER MANAGEMENT FEE COLLECTION AND REMITTANCE RELATED SERVICES This Agreement is made and entered into by King County, Washington, hereinafter referred to as "King County" or "County" and the City of Tukwila, a Washington municipal corporation, hereinafter referred to as "Tukwila" or "City," collectively referred to as the "Parties," in order for King County to provide services to the City for managing the database of the City's surface water management (SWM) service charge ratepayers, providing customer service related to the City's SWM service charge, billing the City's SWM service charge to City ratepayers, and collecting said charge and transmitting resulting receipts to the City. The Parties mutually agree as follows: Purpose The purpose of this Agreement is to set forth the services the Parties agree the County will provide to the City: 1) management of the City's SWM service charge ratepayer database; 2) provision of customer services related to the City's SWM service charge; 3) billing of the City's SWM service charge to ratepayers through the King County Property Tax Statement and 4) collection of SWM service charges and transmittal of receipts to the City. 11. Administration A. The City shall appoint one administrator, and the County shall appoint one administrator from the Water and Land Resources Division ("WLRD") and one administrator from the Finance and Business Operation ("FBO") Division, to review compliance with this Agreement and to resolve any conflicts. The administrators shall meet as needed, as applicable to the specific issue. Either administrator may convene a meeting with a minimum of ten (10) calendar days' written notice to the other administrator, as applicable to the specific issue. B. Any conflict that is not resolved by the administrators within ten (10) working days of a meeting held to discuss the conflict shall be referred for resolution to the City Mayor and the WLRD Division Director and/or the FBO Division Director, as applicable to the specific issue. If the conflict cannot be resolved by the City Mayor and the WLRD 1 Division Director and/or the FBO Division Director, it shall be referred to the City Mayor and the Director of the King County Department of Natural Resources and Parks (DNRP) and/or the Director of the Department of Executive Services, as applicable to the specific issue. This provision shall not be construed as prohibiting King County or Tukwila from seeking interpretation or enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or in equity. I11. Description of Services Services to be provided are as follows: A. Maintaining and updating the ratepayer database containing information needed to determine the appropriate annual SWM service charge for each Tukwila account, including changes to property and/or property owner characteristics. WLRD automatically receives notifications of new residential parcels and parcel type changes, such as residential parcels changing to commercial parcels or condominiums, but no other information related to parcel or parcel characteristic changes. B. Incorporating into the database any changes in the City's SWM service charge rate structure, subject to IV.B.2 below, C. Providing customer service to address questions and issues from City representatives and ratepayers related to the City's SWM service charge. D. Billing of the City's annual SWM service charge to property owners. The charge shall be included on the annual King County Property Tax Statement, which will be sent in the manner established by state law and county ordinance. E. Collecting and transferring to the City receipts from the SWM service charge billings. Receipts will be transferred each business day. F. King County will also include any delinquent SWM service charges on the annual King County Property Tax Statement and attempt to collect any delinquent SWM service charges for 10 years before referring any uncollectable charges back to the City for disposition. G. Providing reports on amounts collected, prior year delinquencies, and SWM account characteristics as may be provided and/or requested by the City. IV. Responsibilities of the Parties A. Upon execution of this Agreement, King County will provide the services as described in Section III. above, with 2019 as the first year for billing and collecting of the SWM fee. B. Tukwila: 1. Tukwila has adopted legislation establishing an annual SWM service charge rate as set forth in Exhibit One, attached to this Agreement and incorporated herein and made a part of hereof. If the City changes its surface water service charge rate for any given year, it will notify the County of the new rate at least two months prior to the beginning of the calendar year in which the rate change is to become effective, allowing time for the County to make necessary adjustments to the database. 2. By October 1 of each year, Tukwila will provide King County, via electronic document such as a spreadsheet, changes in property characteristics affecting SWM service charge accounts (excluding new residential parcels and parcel type changes, such as residential parcels changing to commercial parcels or condominiums), in order for such changes to be reflected in the following year's SWM account billings. 3. Tukwila will be responsible for any actions involving a challenge to the validity of the City's SWM service charge, including any defense of the City's SWM service charge raised during any County tax foreclosure proceeding on a Tukwila property. V. Costs and Billing A. Tukwila will pay an annual per -account fee for SWM service charge database management and customer service. King County may adjust the annual per -account fee annually (typically between $1.50 to $1.80), based on staff and overhead cost changes authorized in the adopted King County annual budget. The per account fee will be billed two times a year. B. Tukwila will pay a one-time fee estimated to be between $47,413 to $105,624, to convert the King County SWM service charge customer database for Tukwila accounts. C. King County will send an invoice to the City for the annual per -account billing fee outlined above in two installments annually (approximately May and October). The one- time conversion fee will be billed in two installments in 2019. The City will pay invoices within 45 days of receipt. D. Pursuant to RCW 84.56.035, Tukwila agrees to pay the County a collection fee equal to one percent (1!0) of all SWM service charge revenue collected by the County for Tukwila under the terms of this Agreement. This collection fee is separate from the per -account fee authorized in V.A. Twice per year (July and January) based upon collections through June 30 and December 31, King County Treasury will deduct the one percent collection fee from receipts collected on behalf of the City. King County may, within its sole discretion, change the frequency of the deductions, provided that written notice is provided to the City at least six months before such change is implemented. VI. Effectiveness, Duration, Termination and Amendment A. This Agreement is effective upon signature by both Parties and will remain in effect until December 31, 2028. B. This Agreement may be terminated by either Party for the following billing year by providing written notice by October 1 of the prior year. In the event of termination, payment will be made by the City for work performed by the County to the date of termination, provided that for SWM fees billed prior to the termination date, King County will continue to collect those previously billed SWM fees, make disbursements to the City, and retain the collection fee as authorized in Section V.D. C. This Agreement may be amended only by written agreement of the Parties. D. This Agreement is not assignable by either Party, either in whole or in part. E. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the Parties which shall be attached to the original Agreement. F. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon appropriation by the County Council and the City Council, respectively, of sufficient funds to support the activities described in this Agreement. Should such appropriation not be approved, this Agreement will terminate at the close of the last 11 year for which appropriation has been provided. In such case, the County or City respectively shall provide prompt written notice to the other Party that no appropriation has been made for the subsequent year. VI 1. General Provisions A. The failure of either Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one of more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements or options and the same shall be in full force and effect. B. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or unconstitutionality of any other provision. C. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington, without reference to its choice of law rules. The parties hereby irrevocably consent to the jurisdiction of the state courts for King County and the federal courts for the Western District of Washington for purposes of resolving any dispute under this Agreement and expressly waive any objections as to venue in any such courts. D. Sections II.B., IV.13.3., V.D., VI.B., VII, and VIII shall survive the termination of this Agreement. VI11. Indemnification Tukwila shall protect, defend, indemnify, and save harmless King County, its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, judgments, penalties, and/or awards of damages, arising out of or in any way resulting from Tukwila`s own negligent acts or omissions in connection with its obligations under the terms of this Agreement. King County shall protect, defend, indemnify, and save harmless Tukwila, its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, judgments, penalties, and/or awards of damages, arising out of or in any way resulting from King County's own negligent acts or omissions in connection with its obligations under the terms of this Agreement. Each Party agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. This indemnification shall survive the termination of this Agreement. iX. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the 1 day of � 20 Approved as to Form King County: By: By: i = Title: Deputy Prosecuting Attorney Title: Department Director -32 Approved as to Form By: By: Title: Title M Department of Natural Resources and Parks Division Director Finance and Business Operations Division of the Department of Executive Services City of Tukwila: Lagos IX. of this Agreement. Each Party agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. This indemnification shall survive the termination of this Agreement. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day of Approved as to Form By: Q1V Title: Deputywosecuting Attorney I Approved as to Form 0 Title: ,20 King County: By: Title: Department Director Department of Natural Resources and Parks By: Division Director By: Title: L Finance and Business Operations Division of the Department of Executive Services City of Tukwila: Tukwila SWM Service Charge Rate Structure Costs for Billing and Revenue Collection Services Provided by King County 2019 Cost Estimate for SWM Service Billing and Revenue Collection Services Annual SWM Service Charge Billing (based on 5,119 number of accounts and estimated 2019 per -account fee of $1.75*) $8,958.25 One-time fee not to exceed 105,624 to customize King County database for Tukwila accounts (Estimated to be between $47,413 to $105,624) $105,624.00 Annual Revenue Collection (based on 1% of estimated annual revenue) $52,952.00 TOTAL $167,534.25 j i *As of the date of execution of the attached Agreement, the actual fee has yet to be calculated for 2019. The estimated range is $1.50 to $1.80). City Tukwila Washington Resolution No. 1 vt� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1896. WHEREAS, each year the City analyzes the rate model for the three utility enterprise funds, which are water, sewer and surface water, to ensure revenues keep pace with expenses, to update the traffic model, and to analyze the transportation network to ensure continued compliance with the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, the City is authorized to impose fees to recoup the costs of services rendered; and WHEREAS, per an Interagency Agreement, the City will have the King County Treasury Operations provide services for managing the City's surface water management database, include the City's surface water charges on ratepayers' King County property tax bills, and provide customer service related to those surface water charges; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Public Works fees will be charged according to the following schedule, which shall supersede any previously adopted Public Works Fee Schedule and take effect as of January 1, 2019: WATER RATES FEE Water Meter installation .75 inch $ 600.00 j 1 inch $ 1,100.00 1.5 inch $ 2,400.00 2 inch $ 2,800.00 3 inch $ 4,400.00 4 inch $ 7,800.00 6 inch $12,500.00 Water Meter Deduct $25.00 W:1Word Processing\Resolutions\PW fee sched-utility and transportation fees 10-9-18 GL:bjs Page 1 of 5 WATER RATES CONT. FEE Water Base Charge (Monthly) In addition to the monthly water base charge, each 100 cubic feet of water used will be charged as shown in "Water Rates (Monthly)." Single Family (one dwelling unit) $ 19.00 Multi -Family (more than one dwelling unit, each $ 19.00 dwelling is charged the base charge) Commercial/Industrial Customers: 2019 2020 314 inch Service $ 47.00 $ 49.00 1 inch Service $ 58.00 $ 61.00 1-112 inch Service $ 84.00 $ 88.00 2 inch Service $110.00 $115.00 3 inch Service $157.00 $165.00 4 inch Service $210.00 $220.00 6 inch Service $315.00 $331.00 8 inch Service $420.00 $441.00 10 inch Service $525.00 $551.00 12 inch Service $630.00 $661.00 Water Rates (Monthly) In addition to the monthly water base charge listed above, each 100 cubic feet of water will be charged at the following rates: Single Family Residence (Oct -May) $2.80 Single Family Residence (Jun -Sept) $3.90 Multi -Family (Oct -May) $3.40 Multi -Family (Jun -Sept) $4.70 Commercialtlndustrial (Oct -May) $5.10 Commercial/industrial (Jun -Sept) $6.90 Fire Protection Service Charges (Monthly) Per month based on size of service. 2 inch Service $ 10.00 3 inch Service $ 22.00 4 inch Service $ 39.00 6 inch Service $ 88.00 8 inch Service $132.00 10 inch Service $220.00 12 inch Service $287.00 WATER SERVICES FEE Water Turn On $ 50.00 After -Hour Water Turn On - additional fee for customer requested after-hours water turn on $100.00 Unauthorized Water Usage - after shut-off for $100.00 non-payment Special Meter Read - customer requested $ 30.00 meter read outside normal read schedule W:\Word Processing\Resolutions\PW fee sched-utility and transportation fees 10-9-18 GL:bis Page 2 of 5 WATER SERVICES (CONT. FEE Shut-off notice $ 30.00 Change in owner, tenant, and/or third party $ 20.00 paying agent Flat rate of $30.00 per month for each dwelling unit Emergency Conservation Sanction $100.00 Temporary Water Meter Deposit Flat rate of $55.36 per month and, in addition, any .75 and 1" water meter $ 300.00 2.5 water meter $1,500.00 Temporary Water Meter Rental per minimum [TMC 14.16.030 (4)1 60 days expiration SEWER INTEREST CHARGE .75" and 1" water meter $ 75.00 2.5" water meter $ 150.00 I WATER INTEREST CHARGE RATE On all water accounts 30 days in arrears from 8% per annum computed on a monthly basis the date of delinquency until paid SEWER RATES FEES Residential Sewer Service Flat rate of $30.00 per month (single dwelling unit) [TMC 14.16.030 (1)] Residential Sewer Service (multiple dwelling Flat rate of $30.00 per month for each dwelling unit unit, permanent type) [TMC 14.16.030 (2)]. Commercial and Industrial Sewage Service Flat rate of $55.36 per month and, in addition, any $ 484.62 usage over 750 cubic feet of water per month shall be 3. 21 - 50% Developed Surface at the rate of $55.36 per 750 cubic feet $ 914.88 [TMC 14.16.030 (4)1 $1,325.42 SEWER INTEREST CHARGE RATE On all sewer accounts 30 days in arrears from the date of delinquency until paid 8% per annum computed on a monthly basis SURFACE WATER RATES FEE PER YEAR Surface Water Utility Rates Per Year Service Charge Per Acre Category: 2019 I 2024 1. Natural $ 222.86 $ 229.54 2. 0 - 20% Developed Surface $ 484.62 $ 499.16 3. 21 - 50% Developed Surface $ 888.24 $ 914.88 4. 51 - 70% Developed Surface $1,325.42 $1,365.18 5. 71 - 85% Developed Surface $1,596.74 $1,644.64 6. 86 - 100% Developed Surface $1,862.62 $1,918.50 7. Single -Family Residential Parcels $ 185.00 $ 190.00 flat rate per residentialparcel) SURFACE WATER INTEREST CHARGE RATE On all surface water accounts 30 days in arrears from the date of delinquency until paid 8% per annum computed on a monthly basis W:\Word Processing\Resolutions\PW fee sched-utility and transportation fees 14-9-18 GL:bjs Page 3 of 5 TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE Fees for Residential Use UNIT ALL TYPES OF RESIDENTIAL' Between 1 and 3 $ 300.00 Between 4 and 5 $ 600.00 Between 6 and 10 $ 1,200.00 Between 11 and 15 $ 2,000.00 Between 16 and 20 $ 3,500.00 Between 21 and 25 $ 5,000.00 Between 26 and 30 $ 6,500.00 Between 31 and 40 $ 8,000.00 Between 41 and 60 $10,000.00 Greater than 60 $12,000.00 ' All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200-299, including single family, multi -family, mobile home parks, and shared housing Fees for Nan -Residential Use GROSS FLOOR AREA INDUSTRIAL2 OFFICES RETAIL'S EATERY$ INSTITU- TIONAL S PORT& ALL OTHER USES Less than 5,000 $1,000 $1,800 $2,700 $5,400 $500 $1,500 Between 5,001 and 10,000 $1,500 $2,700 $4,050 $8,100 $1,000 $2,000 Between 10,001 and 20,000 $2,000 $3,600 $5,400 $10,800 $1,500 $2,500 Between 20,001 and 30,000 $3,000 $5,400 $8,100 $10,800 $2,000 $2,500 Between 30,001 and 40,000 $4,000 $7,200 $10,800 $10,800 $2,500 $2,500 Between 40,001 and 50,000 $5,000 $9,000 $13,500 $10,800 $3,000 $2,500 Between 50,001 and 70,000 $6,000 $10,800 $16,200 $10,800 $4,000 $2,500 Between 70,001 and 90,000 $7,000 $12,600 $18,900 $10,800 $5,000 $2,500 Between 90,001 and 150,000 $8,000 $14,400 $21,600 $10,800 $6,000 $2,500 Between 150,001 and 200,000 $9,000 $16,200 $24,300 $10,800 $7,000 $2,500 Greater than 200,000 $10,000 $18,000 $24,300 $10,800 $8,000 $2,500 2 All industrial/agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100-199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600-699, 700-799, and 900-999, including general office, medical facilities, and banks ° All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400-499, 800-830 and 837-899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831-836, excluding accessory (stand-alone) drive-through espresso stands (or similar) under 250 sq. ft., which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000-099 and 500-599, including schools, places of worship, day care, terminals, and transit j W:\Word Processing\Resolutions\PW fee sched-utility and transportation fees 10-9-18 GL:bjs Page 4 of 5 POLE ATTACHMENT FEES FEE PER YEAR Pole revisions to allow for attachments... ............ Actual costs (engineering, labor, inspections, etc.) Section 2. Repealer. Resolution No. 1886 in hereby repealed. PASSED BY THE CITY COUNCIL OF THE QTY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTESTAUTH E NT|C/\TED: 12 Chrisly'&Flah4rty, MMC, City C1eW' Rachel B. Turpin, City Attorney VeYna--geal, Council President Filed with the City Clerk: 1(2 - 10-1,f Passed by the City Council: jo—j::�-j 112 1 Resolution Number: q U-5 vvxxvord fee ncxeu-uumyand transportation fees 10-9-1u