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Contractors working on projects over the above thresholds must, in filling craft job <br />requirements, utilize and be bound by the registration facilities and referral systems established <br />and authorized by the Unions who are signatory to the agreement. This is commonly referred to a <br />Union hiring hall. <br />Contractors retain the right to reject any applicant referred to them through the job <br />referral system, determine competency of all employees, to determine the number of employees <br />required, and the duties of such employees. If any Union's registration and referral system does <br />not fulfill the requirements for specific classifications requested by any Contractor within 48 <br />hours, the Contractor may employ applicants meeting such classifications from any other <br />available source. <br />Contractor will work with the City's Labor Compliance Contractor to ensure compliance <br />with the CWA. <br />10. RECORDS <br />Contractor shall keep records and invoices in connection with the work to be performed <br />under this Agreement. Contractor shall maintain complete and accurate records with respect to <br />the costs incurred under this Agreement and any services, expenditures, and disbursements <br />charged to the City for a minimum period of three (3) years, or for any longer period required by <br />law, from the date of final payment to Contractor under this Agreement. All such records and <br />invoices shall be clearly identifiable. Contractor shall allow a representative of the City to <br />examine, audit, and make transcripts or copies of such records and any other documents created <br />pursuant to this Agreement during regular business hours. Contractor shall allow inspection of <br />all work, data, documents, proceedings, and activities related to this Agreement for a period of <br />three (3) years from the date of final payment to Contractor under this Agreement. <br />11. CONFIDENTIALITY <br />If Contractor received from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Contractor agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include <br />all nonpublic information. Confidential information includes not only written information, but <br />also information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the <br />Contractor and disclosed without an obligation of confidentiality; (d) is required to be disclosed <br />by operation of law; or (e) is independently developed by the Contractor without reference to <br />information disclosed by the City. <br />Page 5 of 10 <br />