THE SCHOOL BOARD OF POLK COUNTY, FLORJDA ZAYO GROUP, INC.,

vs.

SCHOOL BOARD OF POLK COUNTY, FLORIDA,

Respondent

PROCUREMENT NO:

031-MDW-1121 FIBER WAN LAKELAND E-RATE

DOAH CASE NO.: 21-1708BID

and

WANRACK HOLDINGS, LLC, and WANRACK, LLC

Intervenor.

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FINAL ORDER

THIS CAUSE came before THE SCHOOL BOARD OF POLK COUNTY, FLORJDA

("Board';) pursuant to Sections 120.569 and 120.57(3), Florida Statutes on October 12, 2021, in Bartow, Polk County, Florida, for the purpose of considering the Recommended Order of Administrative Law Judge J. Bruce Culpepper of the Division of Administrative Hearings dated

September 17, 2021 in Case Number 21-1708B10 ("Recon'unended Order"), a copy·of which is

attached hereto to this Final Order as Exhibit " A".

Pursuant to the Uniform Rules of Procedure, copies of the Recommended Order, which notified all parties of the right to submit written exceptions within 10 days pursuant to Section 120.57(3)(e) of the Florida Statutes, were electronically furnished to the attorneys of record for the hearing, to Superintendent of Schools Frederick Heid, and to the General Counsel of the Florida Department of Education. No party filed exceptions to the Recommended Order with the Board

1

Filed October 12, 2021 12:27 PM Division of Administrative Hearings

and the time for doing so has expired as of the date of this Final Order.

Petitioner is represented in this matter by Robert A. Shimberg and Trae S. Weingard! of Hill Ward Henderson P.A. Respondent is represented in this matter by School Board General Counsel Charles Wesley Bridges, II, by Wa11"en Andrew Crawford and Jillian T. Spangler of Boswell & Dunlap LLP, and by Jonathan Stidham and Jeffery Sullivan of Stidham & Stidham,

1. Intervenor is represented in this matter by Stephen R. Senn and Matthew J. Vaughn of Peterson & Myers, P.A.

   Upon review of the Recommended Order, the argument of the parties, and otherwise being fully advised in the premises of the Petition, cause and hearing before the Administrative Law Judge, the Board makes the following findings and conclusions:

   FINDINGS OF FACT

   
   

   1. The Findings of Fact set forth in the Recommended Order are approved, adopted and incorporated herein by reference as if fully set forth herein.

   2. There is competent substantial evidence to support the Findings of Fact as set forth in the Recommended Order.

CONCLUSIONS OF LAW

1. The Board has jurisdiction of this matter pursuant to Sections 120.569 and 120.57(3) of the Florida Statutes and School Board Policy 6320.

2. The Conclusions of Law set forth in the Recommended Order are approved, adopted, and incorporated by reference as if fully t forth herein:

DISPOSITION

Based on the foregoing, it is hereby ORDERED as follows:

1. The petition filed by ZAYO GROUP, INC. in this matter is DISMISSED with

   
   

   prejudice.

   
   

2. The contract contemplated by Request for Proposal 031-MDW-1121 FIBER WAN LAKELAND E-RATE is awarded to WANRack as set forth in the Notice of Award.

DONE and ORDERED at Bartow, Polk County, Florida, this 12th day of October,

2021.

THE SCHOOL BOARD OF POLK COUNTY, FLORIDA ,

Filed with the Office of the Clerk of The School Board of olk County, Florida this 12tlt day of Octobe 021.

NOTICE OF RIGHT TO APPEAL

Any party to this proceeding who is adversely affected by this Final Order may seek judicial review in the Second District Court of Appeal, State of Florida, pursuant to Rule 9.1IO of the Florida Rules of Appellate Procedure, within thirty (30) days of rendition by filing a Notice of Appeal with the Clerk of the School Board of Polk County, Florida, and filing a copy of the Notice of Appeal, accompanied by the filing fees required by law, with the Clerk of the Second District Court of Appeal.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Final Order was furnished to

Robert A. Shimberg and Trae S. Weingardt, Hill Ward Henderson P.A., 101 East Kennedy

Boulevard, Suite 3700, Tampa, Florida 33602, Attorneys for Petitioner ZA YO GROUP, INC.; to . Charles Wesley Bridges II, General Counsel, The School Board of Polk County, Florida, Post Office Box 391, Bartow, Florida 33831; Warren Andrew Crawford and Jillian T. Spangler, Boswell & Dunlap, LLP, 245 South Central Avenue, Post Office Drawer 30 Bartow, Florida 33830; and Jonathan Stidham and Jeffrey Sullivan, Stidham & Stidham P.A., Post Office Box 510, Bartow, Florida 33831, Attorneys for Respondent THE SCHOOL BOARD OF POLK COUNTY, FLORJDA; to Stephen R. Senn and Matthew T. Vau hn, Peterson & Myers, P.A., Suite300,225 East Lemon Street, Lakeland, Florida 33802, Attorneys for Intervenor WANRACK HOLDINGS, LLC and WANRACK, LLC; to Anastasios Kamoutsas, General Counsel, Department of Education, Turlington Building, Suite 1244, 325 West Gaines Street, Tallahassee, Florida 32399-0400; to Frederick Heid, Superintendent, Polk County School Board, 1915 South Floral Avenue, Post Office Box 391, Bartow, Florida 33831; and to Claudia Liado, Clerk, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32388-3060, this -

Docket for Case No: 21-001708BID

Orders for Case No: 21-001708BID