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associated with evaluating the proposed qualifying project. "Direct costs" may include: (i) the cost of staff time required to process, evaluate, review and respond to the proposal and (ii) the out-of-pocket costs of attorneys, consultants, and financial advisors. The proposal fee may cover all or part of the initial review process. The City may require a proposal fee in an amount sufficient to cover all anticipated direct costs associated with evaluating the proposal, or may require a smaller initial processing fee with an additional proposal fee to be charged should the project proceed beyond the initial review. The City may establish a fee schedule for the cost of the proposal review. The City shall set forth in the procedures it has established for the implementation of the PPEA the methodology used to calculate proposal fees. If the cost of reviewing the proposal exceeds the initially established proposal fee, the City may assess the proposer the additional costs deemed necessary to evaluate the proposal. For rejected proposals, the City may establish a schedule for refunding any portion of fees paid in excess of its direct costs associated with evaluating the proposal. If the cost of reviewing the proposal is less than the initially established proposal fee, the City may refund to the proposer the excess fee. Fees should be refunded entirely if the City decides not to proceed to publication and conceptual-phase review of an unsolicited proposal. D. Freedom of Information Act 1. General applicability of disclosure provisions, Proposal documents submitted by private entities are generally subject to the Virginia Freedom of Information Act ("FOIA"), except to the extent that subdivision 11 of 9 2.2- 3705.6 and other statutes may exempt certain documents from public disclosure. To the extent that some FOIA exemptions are discretionary, the City may elect to release some or all documents, except documents that are excluded from disclosure and that are marked by the proposer and clearly identified as: a. trade secrets of the private entity as defined in the Uniform Trade Secrets Act (9 59.1-336 et seq.); b. financial records of the private entity that are not generally available to the public through regulatory disclosure or otherwise, including but not limited to, balance sheets and financial statements; or c, other information submitted by a private entity, where if the record or document were made public prior to the execution of an interim or comprehensive agreement the financial interest or bargaining position of the public or private entity would be adversely affected. Additionally, to the extent that access to proposal documents submitted by private entities Page 8 of 29