Virgin Islands Taxi Ass'n v. West Indian Co.

65 V.I. 155, 2016 V.I. LEXIS 178
CourtSuperior Court of The Virgin Islands
DecidedOctober 31, 2016
DocketCase No. ST-16-CV-551
StatusPublished

This text of 65 V.I. 155 (Virgin Islands Taxi Ass'n v. West Indian Co.) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virgin Islands Taxi Ass'n v. West Indian Co., 65 V.I. 155, 2016 V.I. LEXIS 178 (visuper 2016).

Opinion

WILLOCKS, Administrative Judge

MEMORANDUM OPINION

(October 31, 2016)

THIS MATTER comes before the Court on Plaintiff Virgin Islands Taxi Association’s (hereinafter “VITA”) request for a preliminary injunction against Defendant West Indian Company, Limited (hereinafter “WICO”) pursuant to its emergency Motion for Temporary Restraining Order and Preliminary Injunction against WICO, filed on September 23, 2016. Based on the serious allegations in the Complaint, the Court in a sense of abundans cautela non nocet granted the Temporary Restraining Order on September 28, 2016. On October 3, 2016, WICO filed an opposition to VITA’s request for a preliminary injunction.

[158]*158BACKGROUND

VITA is a corporation that represents Virgin Islands taxi drivers for a commissioned fee. (Compl. ¶ 3.) WICO has the “status and authority of a public corporation and governmental instrumentality of the Government of the Virgin Islands” and is “deemed to be a public entity operating on behalf of the Government of the Virgin Islands, rather than a private corporation.” (Act No. 5826 of the Virgin Islands Legislature.) VITA has held the franchise to provide taxicab services at the WICO cruise ship dock for over 40 years. (VITA’s Closing Brief, ¶ 1.) These agreements between VITA and WICO have been a series of contracts that were renewed. (Id.) When the last concession agreement contract expired, VITA continued to provide taxicab services at the WICO cruise ship dock; and WICO continued to provide exclusive taxi concession to VITA, on a month-to-month basis. (Id., at ¶ 2.)

On June 1, 2016, WICO issued a request for qualifications 2016-0001 concession agreement for taxi service (hereinafter “RFQ”). (Id., at ¶ 6; Compl. ¶ 6.) The RFQ stated that WICO was requesting Statement of Qualifications (hereinafter “SOQ”) from interested and qualified taxicab organizations to operate a concession at its cruise ship dock for a period of five (5) years. (Compl., Ex. 1.) According to the RFQ, “[t]he successful provider will be selected based on its ability to make available not less than 300 licensed vehicles and to submit evidence meeting the criteria set forth here to operate under a Concession Agreement with WICO.” (Id.) Moreover, the RFQ indicated that the SOQ should conform to the following format:

(1) Experience: provide a description of prior experience and qualifications in providing concession taxicab services; (2) Key Staff: identify the proposed Contract Manager and key team members and their responsibilities and provide a brief resume for each person outlining their credentials and experience; (3) Reference: provide the name and contact information for at least three references familiar with the quality of services under circumstances similar to the above Anticipated Scope of Work; and (4) Project Understanding: provide general understanding of taxicab services at the WICO cruise ship dock and issues regarding operating a concessions, and identify any potential challenges or special concerns that one may encounter. (Id.)

[159]*159WICO indicated that it will use the following criteria to screen, rank, and select the successful provider:

(1) Qualifications of the Provider (30%): preference shall be given to those organizations with experience related to the anticipated scope of services; (2) Qualifications of the Project Team (Key Staff) (20%): preference shall be given to those with key staff familiar with the taxicab services at the WICO cruise ship dock; (3) Experience in Operating a Taxicab Concession (10%): preference shall be given to organizations whose personnel have a demonstrated working relationship with a taxicab concession and possess a thorough understanding of the rules and regulations governing the taxicab services; and (4) Project Understanding (40%): preference shall be given to those organizations, which have a thorough understanding of the requirements for the taxicab concession and the environment at the WICO cruise ship dock. (Id.)

WICO specifically reserved the right to reject any and all submissions to this RFQ, request for clarification or waive informalities/technicalities, if deemed to be in WICO’s best interest. (Id.)

After being selected, the successful provider will, inter alia:

(1) execute a concession agreement with WICO; (2) provide complete, adequate, and efficient taxi services at the WICO cruise ship dock in accordance with said agreement, WICO’s written rules of conduct and regulations for taxicabs, and the rules and regulations of the Virgin Islands Taxicab Commission; (3) ensure that each of its members is in good standing with the Virgin Islands Taxicab Commission and that they operate their taxicabs as cars for hire when providing services as part of the agreement; (4) submit copies of the “Certificate of Good Standing,” U.S. Virgin Islands driving [sic] licenses,. and proof of automobile liability insurance for each member; (5) immediately notify WICO of the suspension/termination of a member’s services or the loss of a member’s driving [sic] license; (6) procure an insurance policy(ies) from a company of proven financial stability and approved by WICO with limits of no less than $2,000,000.00 to cover the claims of bodily injury for any single claimant, no less than $2,000,000.00 to [160]*160cover multiple claims which may arise from a single accident, and $100,000.00 for property damage resulting from any one occurrence; (7) provide Certificates of Insurance to WICO on or before the effective date of the agreement; (8) assume and agree to pay and to indemnify and save WICO harmless from any and all liability for taxes, license fees, assessments and the like on [sic], resulting from or in connection with its operations at the WICO cruise ship dock; and (9) pay a monthly concession fee of $5,000.00. (Id.)

In response to WICO’s RFQ, both VITA and Blue Executive Services and Transportation, LLC d/b/a Best Taxi (hereinafter “Best Taxi”) submitted bids. On September 8, 2016, Best Taxi and VITA made presentations before the WICO Board. Joseph Boschulte (hereinafter “Boschulte”), Chief Executive Officer of WICO, Randolph Knight (hereinafter “Knight”), Chairman of the WICO Board, attended the September 8, 2016 Board meeting. Kerry Harrigan (hereinafter “Harrigan”), Manager of Best Taxi and co-owner of H&H Transportation (hereinafter “H&H”) presented on behalf of Best Taxi, and Winston Parker (hereinafter “Parker”), in his capacity as President of VITA presented on behalf of VITA.1 After the presentations were completed, the evaluation committee submitted its report along with three score sheets to the Board. One committee member voted in favor of VITA and the other two committee members’ scores resulted in a draw. Ultimately, the Board voted four to one in favor of awarding the bid to Best Taxi.

On September 12, 2016, VITA was notified that Best Taxi was awarded the bid and that the concession agreement was slated to take effect on October 1, 2016. VITA filed a Complaint against WICO, Best Taxi, Kerry Harrigan,2 and Terri Griffiths on September 21, 2016. VITA alleged, inter alia, that VITA was the only applicant qualified to win the bid for the concession agreement, and that “but for undue influence and corruption and improper use of confidential information by Terri Griffiths and Kerry [161]*161Harrigan,3

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Cite This Page — Counsel Stack

Bluebook (online)
65 V.I. 155, 2016 V.I. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virgin-islands-taxi-assn-v-west-indian-co-visuper-2016.