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HomeMy WebLinkAboutDavid Molho - Di Lido Beach Hotel Land, LLC (Javier Granda)--•-•-•--•• -C ~ .. I. LOBBYIST INFORMATION: Molho, David NAME OF LOBBYIST (Last) (First) (Middle Name) WSDG 18430 NE 24th Avenue, North Miami Beach, Florida 33160 LOBBYIST BUSINESS NAME AND ADDRESS (Number and Slreel) (City) (Stale) (Zip Code) (786) 501-9384 david.molho@wsdg.com LOBBYIST BUSINESS TELEPHONE NUMBER CELLULAR TELEPHONE NUMBER EMAIL ADDRESS II. PRINCIPAL INFORMATION: Granda, Javier A. NAME OF PRINCIPAL (Last) (First) (Middle Name) Di Lido Beach Hotel Land, LLC 4100 NE 2nd Ave, Ste 201/202, Miami Florida 33137 PRINCIPAL BUSINESS NAME AND ADDRESS (Number and Street) (City) (Slate) (Zip Code) (305) 728-8240 javier@lionstone.net PRINCIPAL BUSINESS TELEPHONE NUMBER CELLULAR TELEPHONE NUMBER EMAIL ADDRESS Pursuant to City Code Section 2-482(h)(1)(a): A principal of any corporation, partnership, or other entity who appears as a lobbyist on behalf of that'entity, without spedal compensation or reimbursement for the appearance, whether direct, indirect, or contingent, to express support of or opposition to an item shall register with the Clerk as required by this subsection but shall not be required to pay any registration fees. If the principal is a Corporation, Partnership, or Trust, the following information MUST be provided pursuant to City Code Section 2-482(c): • NAME OF CHIEF OFFICER, PARTNER, OR BENEFICIARY (if none, write N/A): Javier Granda NAME OF ALL PERSONS HOLDING, DIRECTLY OR INDIRECTLY, A 5% OR MORE OWNERSHIP INTEREST IN SUCH CORPORATION, PARTNERSHIP OR TRUST {if none, write N/A): See attached Exhibit A Ill. ISSUE TO BE LOBBIED: Describe the specific matter you are lobbying on. Include as much detail as possible, such as the title or subject of the item, relevant ordinance or resolution numbers, RFP or 1TB numbers, or the date and topic of any public hearing, if applicable. Acoustic Consulting on behalf of Di Lido Beach Hotel Land, LLC concerning Planning Board File No. 25-0811, an Application for a Certificate of Use for the property located at 1685 Collins Avenue, Miami Beach, Florida. Page 2 of 7 RECEIVED APR O 6 2026 CITY OF MIAMI BEACH OFFICE OF THE CITY CLERK IV. DISCLOSURE OF CONS ID ERA TION PROVIDED BY LOBBYISTS TO NEIGHBORHOOD OR HOMEOWNER ASSOCIATIONS: Pursuant to City Code Section 2-482(k), any lobbyist who provides, directly or indirectly, consideration, whether monetary or non~monetary, of $1,000 or more to a neighborhood or homeowner association or its designee, for purposes of supporting or withholding its objection concerning a matter before the City Commission, or any City board, or committee must disclose such consideration. l;!Yes~No: Have you provided, directly or indirectly, any consideration, monetary or non-monetary, of $1,000 or more to a neighborhood or homeowner association or its designeet in connection with the matter for which you are lobbying? If yes, please describe: V. CITY AGENCIES/INDIVIDUALS TO BE LOBBIED: Pursuant to City Code Section 2-482(a)(4), list the City Commissioner or City personnel sought to be lobbied, and whether the lobbyist has entered into any contractual relationship (paid or unpaid) with said City Commissioner or City personnel from 12 months preceding such commencement of service with the City to the present date, stating the general nature of the subject contractual relationship. Full Name of Individual and Contractual Relationship (If yes, explain) YES NO Title of Person to be Lobbied Miami Beach Planning Department, including, but . □ IZf not limited to, Deborah Tackett and Thomas Mooney None □ [Z] Mayor and City Commission None □ [Zl Planning Board None □ [Z] □ 0 □ [Zl Pursuant to City Code Section 2-482(g), every registrant shall be required to state the extent of any business, financial, familial, or professional relationship, or other relationship giving rise to an appearance of impropriety, with any current City Commissioner or City personnel who is sought to be , lobbied, as identified on the lobbyist registration· form filed. List any business, financial, familial, or professional relationship, or other relationship giving rise to an annearance of improprietv (if none, write NIA}: None Page 3 of? I No Compensation VI. DISCLOSE RATE AND AMOUNT OF LOBBYIST COMPENSATION -BE SPECIFIC. Contingency fees are strictly prohibited under Section 2-485.3 of the City Code. This prohibition applies to all lobbyists and to individuals excluded from the definition of lobbyist under Section 2-481. If compensation is not monetary, describe the form of consideration (e.g., services, goods, etc.). The following six (6) questions MUST be answered: 1) Pursuant to City Code Section 2-488, entitled "Prohibited Campaign Contributions By Lobbyists On Procurement Issues": □Yes 11!1 No: Are you lobbying on a present or pending bid for goods, equipment. or services, or on a present or pending award for goods, equipment, or services? 2) Pursuant to City Code Section 2-490, entitled "Prohibited Campaign Contributions By Lobbyists On Real Estate Development lssuesn: D Yes IX! No: Are you lobbying on a pending application for a Development Agreement with the City or an application for a change of zoning map designation or a change to the City's Future Land Use Map? 3) Pursuant to City Code Section 2-482(h), any person (except those exempt from the definition of "lobbyist" as set forth in Section 2-481) who only appears as a representative of a not-for-profit corporation or entity without special compensation or reimbursement for the appearance, whether direct or indirect, to express support of or opposition to any item, shall register with the City Clerk as required by this section, but shall not be required to pay any registration fees. □ Yes ll! No: Are you representing a not-for-profit corporation or entity without special compensation or reimbursement? Note: If you are exempt from the definition of lobbyist under Section 2-481 and are required to submit a written disclosure pursuant to Section 2-483(b), representatives of neighborhood or homeowner associations should use the "Neighborhood/Homeowner Association Representative Registration Form." Other exempt individuals may utilize this Lobbyist Registration Form to fulfill the disclosure requirement and should complete the applicable sections. 4) Pursuant to City Code Section 2-481, the term "lobbyist" specifically excludes the following persons: Expert witnesses who provide only scientific, technical, or other specialized information or testimony in public meetings; any person who only appears as a representative of a neighborhood or homeowner association without compensation or reimbursement for the appearance, whether direct, indirect, or contingent, solely to express support of or opposition to any item; and any person who only appears as a representative of a not-for-profit community-based organization for the purpose of requesting a grant, without special compensation or reimbursement for the appearance. Individuals who qualify for these exclusions are still required to submit a written disclosure form for each appearance, as required by Section 2-483(b) of the City Code. ~ Yes □ No: Do you qualify for one of the exclusions listed above under Section 2-481? If yes, please check the applicable category: ~ Expert witness providing only scientific, technical, or other specialized information or testimony in a public meeting. □ Representative of a not-for-profit commu~ity-based organization requesting a grant without compensation or reimbursement. □ Representative of a neighborhood or homeowner association appearing without compensation or reimbursement. Note: Representatives of neighborhood or homeowner associations should use the "Neighborhood/Homeowner Association Representative Registration Form." Other exempt individuals may utilize this Lobbyist Registration Form to fulfill the disclosure requirement and should complete the applicable sections. Page 4 of 7 5) Pursuant to City Code Section 2-491(1), no campaign consultant shall lobby the City Commission for a period of 12 months following the swearing in of any elected official(s) for whom the campaign consultant provided campaign consulting services within the past election cycle. See Section 2-491 for more information. 6) D Yes ~ No: Have you provided campaign consulting services to an incumbent member of the City Commission within the past election cycle? If yes, please list the incumbent member(s) of the City Commission: N/A D Yes D No: If yes, has it been less than 12 months since the elected official(s) whom you provided campaign consulting services was sworn in? Pursuant to City Code Section 2-482(a)(4)a., a lobbyist who has within the past election cycle provided campaign consulting services to an incumbent member of the City Commission (which lobbying activity is not otherwise prohibited by Code section 2-491) shall disclose such particular service on his/her lobbyist registration form and shall orally disclose such particular service before lobbying the City Commission at a public meeting. D Yes ■ No: Have you provided campaign consulting services to an incumbent member of the City Commission within the past election cycle? If yes, please list the incumbent member(s) of the City Commission: N/A D Yes ■ No: If yes, were you promised or did you receive economic consideration in exchange for campaign consulting services? If yes, please describe the nature and amount of any economic consideration received or promised in exchange for campaign consulting services. A IMPORTANT -Annual Requirements for Registered Lobbyists: As a registered lobbyist, I acknowledge and agree to the following yearly obligations. An annual registration fee of $500.00 must be paid by October 1 of each fiscal year to maintain my lobbyist status active. A new issue registration fee of $350.00 is due when submitting any new issue registration and is a one-time fee per issue. Additionally, I am required to file an Expenditure and Compensation Form annually by February 28, which must include a signed statement of all lobbying-related expenditures and compensation. Once lobbying activities for a specific issue have ended , I need to submit a Notice of Withdrawal using the same Expenditure and Compensation Form. All forms should be sent either via email to Lobbyists@miamibeachfl.gov or mailed to the Office of the City Clerk at 1700 Convention Center Drive, Miami Beach, FL 33139.N/A Signature of Lobbyist: Date _______________ _ I do solemnly swear or affirm that all of the foregoing facts, statements, and disclosures in this fonn are true and correct, and that I have read and am familiar with the provisions contained in Chapter 2, Article VII, Division 3, entitled "Lobbyists," of the Miami Beach City Code, including all applicable registration and reporting requirements. I understand that violations of the City's lobbying ordinance are subject to enforcement by the Miami-Dade County Commission on Ethics and Public Trust and may result in admonition, fines, public reprimands, prohibitions from registering as a lobbyist or engaging in lobbying activities by the City, debarment, or the voiding of contracts. I further affirm that I am not receiving any compensation or reimbursement in violation of the City Code, and that I am not engaged in any prohibited contingency fee arrangement. Signature of Lobbyist: Date _______________ _ Printed Name of Lobbyist: _D_a_v_i_d_M_o_lh_o __________ _ Signature of Principal: _,.0'--+ ........ ~--~----------- Printed Name of Principa~_a_v_ie_r_A_. _G_r_a_n_d_a ________ _ Date._'-f....;..+/4...,;;;,,_tp,__,__/ ____,;;Af;,,,___ __ _ Page 5 of 7 5) Pursuant to City Code Section 2-491(1), no campaign consultant shall lobby the City Commission for a period of 12 months following the swearing in of any elected official(s) for whom the campaign consultant provided campaign consulting services within the past election cycle . See Section 2-491 for more information. □ Yes ~ No: Have you provided campaig n consulting services to an incumbent member of the City Commiss ion within the past election cycle? If yes, please list the incumbent member(s) of the City Commiss ion: NIA □Yes □ No: If yes, has it been less than 12 months since the elected official(s) whom you provided campa ign consulting services was sworn in? 6) Pursuant to City Code Section 2-482(a)(4)a., a lobbyist who has w1th1n the past election cycle provided campaign consulting services to an incumbent member of the City Commission (which lobbying activity is not otherwise prohibited by Code section 2-491) shall disclose such particular service on his/her lobbyist regIstratIon form and shall orally disclose such particular service before lobbying the City Commission at a public meeting. □ Yes No: Have you provided campaign consulting services to an incumbent member of the City Commission with in the past election cycle? If yes , please list the incumbent member(s) of the City Commission: N/A □ Yes !!!I No: If yes, were you promised or did you receive economic consideration in exchange for campaign consulting services? If yes, please describe the nature and amount of any economic conside ration received or promised in exchange for campaign consulting services. J\ IMPORT ANT -Annual Requirements for Registered Lobby ists: As a registered lobbyist, I acknowledge and agree to the following yearly obligations. An annual registrati on fee of $500.00 must be paid by October 1 of each fiscal year to maintain my lobbyist status active . A new issue registration fee of $350.00 is due when submitting any new issue registration and is a one-time fee per issue. Additionally, I am required to file an Expenditure and Compensation Form annually by February 28 , wh ich must include a signed statement of all lobbying-related expenditures and compensation. Once lobbying activities for a specific issue have e ed , I need to submit a Notice of Withdrawal using the same Expend iture and Compensation Form. All forms shou be sent either via email to Lobbyists@miamibea chfl.gov or mailed to the Office of the City Clerk at 1700 Conve I n C nter rive, Miami Beach , FL 33139.N/A Signature of Lobbyist: I do solemnly swear or affirm that all of the foregoing facts, statements, and disclosures in this form are true and correct, and that I have read and am familiar with the provisions contained in Chapter 2, Article VII , Division 3, entitled "Lobby ists," of the Miam i Beach City Code, including all applicable registration and reporting requirements. I understand that violations of the City's lobbying ordinance are subject to enforcement by the Miami-Dade County Commission on Ethics and Public Trust and may result in admonition, fines, public reprimands, prohibitions from registering as a lo bbyist or engaging in lobbying activities by the City, debarment, or the voiding of contracts. I further affirm that I am not receivin y compensation or reimbursement in violation of the City Code, and that I am not engaged in any pro nti gency fee arrangement. Signature of Lobbyist: Date_O ~-'---t-/~o:,"'--+/-u,_i _c, --- Printed Name of Lobbyist: _D_a_v_i_d_M_o_lh_o __________ _ Signature of Principal: Date _______________ _ Printed Name of Principal :_J_a_v_i_e_r _A_._G_ra_n_d_a ________ _ Page 5 of 7 VIII. NOTARY SIGNATURE AND SEAL: LOBBYIST: State of Florida County of: ________ _ Sworn to (or affirmed) and subscribed before me, by means of D physical presence or D online notarization. this 00 day of . April NAME OF LOBBYIST _Produced ID ... FO __ R __ M __ O ... F --ID __ E_N ... TI .... Fl...,.C-AT=l-::-0-N-- _Personally Known Signature of Notary Public Name of Notary, Typed , Printed or Stamped (NOTARY SEAL) PRINCIPAL: State of Florida ------------ County of: HIA::M I t>A:t>f< Sworn to (or affirmed) and subscribed before me, by means of ~hysical presence or D online notarization, this0 '2.. I of _April ..Jf\-V18l--<;~ NAME OF PRINCIPAL 2026 ..L -· _Produced ID _________ _ FORM OF IDENTIFICATION /rerson ly Known Signazi~ Name of Notary, Typed, Printed or Stamped TO BE COMPLETED BY CITY CLERK'S STAFF ONLY Annual Registration fee: [ J Yes [ J No Amount Paid$ _____ MCR # _________ Date Paid _____ _ Lobbyist Registration Form received and verified by: _______________ _ F:ICLER\$ALL\aFORMS\LOBBYIST FORMS\Lobbylst Registration Form REG KM RB OM NK REVISED OCTOBER 1 2025.docx Revised: October 1, 2025 Page 6 of 7 VIII. NOTARY SIGNATU RE AND SEAL: LOBBYIST: State of Flori da ---------- County of: MW\1A\ 0600' Sworn to (or affirmed) <J11d subscribed before me, by means of Q'physical presence PRINCIPAL: State of Florida ------------ County of: __________ _ Sworn to (or affirmed) and subscri bed before me, by means of □ physical presence or □ online notarization. this 0~ da y of April l 20~6 or D online notarization, this 0 , of _ April 20 26 ..,_ -· ~,t> '(V\\)y.\o NAME OF LOBBYIST _ Produced ID _________ _ FORM OF IDENTIFICATION Sign ature Name of Notary, Typed, Printed or Stamped (NOTARY SEAL) .'~~w,·· y '1'.t:\ ERNESTO REYES '• : ~'f:, Noury Public • State of Florida \j ~:.; Commission # HH 66 '767 '·, •. ~-~-····· My Comm. ExplresApr 8, 2029 Bonded through National Noury Assn. NAME OF PRINCIPAL _Produced ID _________ _ FORM OF IDENTI FICATION _Personally Known Signature of Notary Pub lic Name of Notary, Typed, Printed or Stamped (NOTARY SEAL) TO BE COMPLETED BY CITY CLERK'S STAFF ONLY Annual Registration fee : [ ) Yes [Ii No Amount Paid$ __ ~ ___ MCR #~e.<4 LJ i-th~ Date Paid +----'-L----=""-"'..:.. Lobbyist Registration Form received and verified by:~==.::._,_ _____________ _ F:\CLER\$ALL\aFORMS\LOBBYl$T FORMS\Lobbyist Registration Form REG KM RB OM NK REVISED OCTOBER 1 2025.docx Revised: October 1, 2025 Page 6 of 7 •. /• 1.-f./' 1 BEACH City of Miami Beach, I /00 Convention Center Drive, Miami Beach. Florida 33139. www .miamibeochfl.gov Office of the City Clerk Rafael E. Granado. City Clerk Tel: 305.673.7411 NAME OF LOBBYIST: David Molho CityClerkfl miamibeachfl.qov ----------------------- 1) LOBBYIST FEE EXPENDITURE AND COMPENSATION STATEMENT Pursuant to City Code Section 2-485(d), the City Clerk shall notify any lobbyist (or principal) who fails to file timely a Lobbyist Fee Expenditure and Compensation Statement (Statement). In addition to any other penalties that may be imposed as provided in Section 2-485.1, a fine of $50.00 a day shall be assessed for Statements filed after the due date. The City Clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the fa ilure of a lobbyist (or principal) to file the Statement or pay the assessed fines after notification. Any lobbyist who fails to file the required Statement by April 30th of each year shall be automatically suspended from lobbying until all fines are paid, unless the fine has been appealed to the Miami-Dade County Commission on Ethics and Public Trust. I hereby acknowledge that on February 28 of each year, I shall submit to the City Clerk a signed Statement under oath listing all lobbyist expenditures, as well as compensation received , for the preceding calendar year with regard to the specific issue on which I have been engaged to lobby. 2) LOBBYIST WITHDRAWAL Once an issue I have registered to lobby has concluded or I am no longer lobbying on that issue, I shall immediately file a Notice of Withdrawal with the Office of the City Clerk. 3) ANNUAL LOBBYIST REGISTRATION FEE I understand annual registration of all lobbyists shall be required for each 12-month period commencing October 1 of each year, and the fee for such annual registration shall be $500.00 pursuant to Section 2-482 of the Miami Beach City Code. SignatQ~L , Da~4 / 03 [ ?,.o ?,C, F\CL£RISALLlaFORMSILOBBYIST FORMS\Lobbyrst Reg1stralIon Form REG KM RB OM NK REVISED OCTOBER 1 2025 docx Page 7 of7 , 1 Lincoln Development LLC (FL) '-- 33.33% Managers of Di lido Beach Resort Land LLC: 1. Ronny Ben-Josef 2. Ronen Ben-Josef 3. Diego Lowenstein 4. Javier A. Granda 5. Dayssi Olarte de Kanavos 6. Paul C. Kanavos • 1 Lincoln Development LLC-see slide 2 • Di Lido Beach Resort Tierra, LLC -see slide 3 • Lionstone Group, Inc. -see slide 3 • PDOK Fee LLC -see slide 4 Di lido Beach Resort Land LLC Organizational Structure ,,---- Lionstone Group, Inc. (FL) 36.5% , ----., Di lido Beach Resort Land LLC (FL) 100% Fee Estate EXHIBIT A ... ( -- l PDOK Fee LLC (FL) ,, 30.17% 1 Ronny Ben-Josef 25% 1 Lincoln Development LLC Ronen Ben-Josef 25% 1 Lincoln Holdco LLC (DE) 100% Ronit Neuman 25% 1 Lincoln Development LLC (FL) 33.3333% Di Lido Beach Resort Land LLC 100% Fee Estate Ravit Kraus 25% 2 Lionstone Group, Inc. Alfredo Lowenstein Family Trust (Revocable) 100% Lovesten Holdings Ltd. (British Virgin Islands) I 100% Lionstone Holdings (Barbados) Ltd. (Barbados) 100% Lionstone Group, Inc. (FL) 31.84% Di Lido Beach Resort Land LLC (FL) 100% Fee Estate 3 LMN 134 Family Company LLC (NY) 2.39% Sheldon Lowe Declaration of Trust 4.5% Lowe Funding, LLC (FL) 6.78% PDOK Fee LLC Olarte de Kanavos Dynasty Trust 2011 PDOK Fee LLC (FL) 30.17% Di Lido Beach Resort Land LLC (FL) 100% Fee Estate 40.33% Kanavos Dynasty Trust 2011 33.47% Juan P. Loumiet 2.25% 10.29% 4 Do.", d ~o)h o ,v, A/V I b; Li do ~~ Ho+(!,\ LO\n~✓ LLL ~E°cX{><ec1 lr/ G\ M-.ss ( ::s °'", <./ l-z ~ ~~ _) RECEIVED Office of the City Clerk 1700 Convention Center Drive, Miami Beach, FL 33139 305.673 . 7 411 lobbyists@miamibeachfl.gov LOBBYIST REGISTRATION FORM APR O 6 2026 CITY OF MIAMI BEACH OFFICE OF THE CITY CLERK This form is required under Chapter 2, Article VII, Division 3 of the City Code for individuals who engage in lobbying 3ctivities before the City of Miami Beach Pursuant to City Code Section 2-481 , a "lobbyist" means any person employed, retained , or designated, whether paid or not , by a principal who seeks to encourage the passage, defeat, or modification of any ordinance, resolution, action, or decision of any Commissioner; any action, decision, or recommendation of the City Manager or any City board or committee: or any action, decision , or recommendation of any City personnel1 during the time period of the entire decision-making process on such action, decision , or recommendation that foreseeably will be heard or reviewed by the City Commission, or a City board or committee. The term specifically includes the principal as well as any employee engaged in lobbying activities. The term "lobbyist" specifically excludes the following persons: expert witnesses who provide only scientific, technical, or other specialized information or testimony in public meetings; any person who only appears as a representative of a neighborhood or homeowner association without compensation or reimbursement for the appearance , whether direct, indirect, or contingent, solely to express support of or opposition to any item; and any person who only appears as a representative of a not-for-profit commun ity-based organization for the purpose of requesting a grant, without special compensation or reim bursement for the appearance. Any person excluded from the definition of lobbyist under Section 2- 481 is not requ ired to register as a lobbyist but must complete and submit a written disclosure form for each issue on which they appear, identifying their name, address, and the principal on whose behalf they are communicating, as required by Section 2-483(b) of the City Code. Note: A separate form titled "Neighborhood/Homeowner Association Representative Registration Fom1'' is available from the Office of the City Clerk for representatives of neighborhood or homeowner associations. Other individuals excluded from the definition of lobbyist under Section 2-481 may utilize this form and complete the relevant sections. Instructions: Please complete all sections of this form and submit the completed form , with the applicable fee , to the Office of the City Clerk. If you need more space to complete an answer, use a separate sheet(s) of paper. If you have nothing to report in a particular section, you must write "none" or "n/a" in that section. Any change to any information originally filed, or any additional City Commissioner or personnel who are also sought to be lobbied, shall require that the lobbyist file an amendment to the registration form . The lobbyist has a continuing duty to provide information and amend the forms filed throughout the period during wh ich lobbying occurs. A separate registration form must be submitted for each principal represented and for each specific issue on which the lobbyist is engaged. Lobby ist Registration Fees: Pursuant to Section 2-482 of the City Code , a registration fee of $350.00 per is sue is requ ired at the time of filing this form . In addition , an annual registration fee of $500.00 is required for each 12-month period commencing October 1 of each year. These fees must be submitted to the Office of the City Clerk along with the completed registration form. However, a principal of any corporation. partnership, or other entity who appears as a lobbyist on behalf of that entity, without special compensation or reimbursement for the appearance, is not required to pay registration fees. No fee is required for filing a not ice of withdrawal. The City Commission may , in its discretion, waive the registration fee upon a finding of financial hardsh ip. Public Records Notice and Address Disclosure: Forms filed with the Office of the City Clerk are public records under Florida law. If your home address is exempt from disclosu re or if you prefer it not be made public, you may provide an office or alternate mailing address instead. Florida Statutes Section 119.071 (4)(d) provides public records exemptions for certain individuals and their families. If you believe you qualify, please consult the statute or contact the Office of the City Clerk for guidance. 1 City personnel include advisory personnel, autonomous personnel, departmental personnel, and quasi-judicial personnel. Departmental personnel means the city manager, all ass istant city managers, all department heads, all assistant and deputy department heads, employees of the police department with the rank of captain, major or chief. building and zoning inspectors, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings, and any employee of a city department or division with the authority to participate in procurement matters, when the communication involves such procurement, shall not be included for purposes of th is division. Page 1 of 7