The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE president of a Florida-based audio/visual equipment rental service provider yesterday blamed Caribbean Muzik Festival’s CEO Michael Tomlinson for the festival’s failure, stating that it was the promoters’ “poor planning and failure to meet our mutually agreed arrangements that we did not leave Miami to do this event”. 

Blair Simmons, head of Off-The-Wall Sound (OTW) Co Inc, blamed Mr Tomlinson for his failure to pay the balance of payment for OTW’s services in the manner allegedly agreed in their “contractual arrangements”. Mr Simmons claimed that Mr Tomlinson, for unknown reasons, opted to pay OTW the owed balance by cheque, and not by bank wire as allegedly agreed, as late as October 28, the day the festival was scheduled to start in New Providence. 

Consequently, Mr Simmons said that two 40-foot containers “sat in front of our doors from October 23 to October 28 waiting for the producer to take care of the contractual agreements,” which he said “never happened”.

Earlier this week, CMF announced that it is taking legal action in the United States against OTW and another Florida-based supplier for allegedly defaulting on undertakings to supply stage and sound equipment, ultimately forcing the postponement of the final two nights of the event. 

CMF contended that OTW and Big Star Stages (BSS) Inc both failed to supply CMF with “vital (performance) equipment” just days before the event was scheduled to take place. As a result, CMF said the “unprincipled, eleventh-hour action by these two parties, who failed to deliver on commitments to provide vital equipment for our event, made it impossible to meet the final production and rehearsal deadlines that are necessary in the staging of a quality event”.

Mr Simmons’ side of the story differs, however. According to Mr Simmons, the original agreed date for the balance of payment was October 22, which he said would have allowed the shipper to retrieve the equipment, the two containers necessary to house the equipment, and then ship the cargo. 

On the morning of the 23rd, Mr Simmons claimed that Mr Tomlinson and the shipper, Betty K Agencies, delivered the two containers at OTW’s office at 10am “expecting us to load them immediately and let the driver take them to the port for the October 25 sailing”. 

Mr Simmons also said Mr Tomlinson “showed up with a bank cheque”, to which Mr Simmons said he instructed Mr Tomlinson to “contact his bank and get us the balance by bank wire.”

“Since it was only 1pm he had time to get his bank to send us the money to arrive by Monday and the gear could ship on Tuesday after we went to Customs to register the equipment that we were shipping in the containers and then delivered them to the shipper Betty K Lines,” Mr Simmons said. “Things would have been fine with enough time to set up and test the gear.” 

On October 26, Mr Simmons claimed that Mr Tomlinson sent a representative named “Donny” to his office to check on the shipping progress. Mr Simmons said he then informed “Donny” that “without the balance of payment, hotel and airfare confirmation and insurance” OTW would not be loading the containers.

Mr Simmons said “Donny” contacted Mr Tomlinson and made him aware of the requirements, but said he “got no firm answer of what was going to transpire”. 

After not receiving payment on the 26th, Mr Simmons said he rescheduled the shipment for the 29th to arrive in New Providence on the 30th, and again informed Mr Tomlinson that he needed to pay OTW the balance via bank wire, as well as provide the airline tickets and insurance. Mr Simmons admitted that such a move was “cutting it close” but said OTW officials were “prepared to bust our butts and make this work”. 

Mr Simmons said he ended up having to make “additional arrangements” with his customs broker and Betty K to have the equipment shipped, alleging that he still had not received anything from Mr Tomlinson. 

However, on October 28, the day he said the crew was scheduled to fly to Nassau, Mr Simmons alleged that Mr Tomlinson again approached him with a cheque, which he said he refused “as per our contractual agreement”. 

“He spent 15 minutes telling me how unprofessional I was and when I informed him that I could still ship if he got me a bank wire he informed me that not only was he cancelling our services, he would be seeing me in court,” Mr Simmons said. “The two 40ft containers sat in front of our doors from October 23 to October 28 waiting for the producer to take care of the contractual agreements. It never happened and we stayed in Miami. Very sad.”

The four-day festival was postponed two weeks ago after two nights of activity. It was scheduled to take place from October 28 to 31. 

According to officials, an early date in December is under discussion and a specific date will be announced, once arrangements with suppliers, vendors and artists have been concluded and co-ordinated. 

CMF is produced and promoted by Caribbean Republic Inc. The festival was part of the government’s efforts to fill the Bahamian calendar with musical and sporting events that would promote culture, encourage commerce and put a spotlight on the country’s tourism products year round. 

The Ministry of Tourism is the event’s biggest sponsor, having invested $650,000 in the festival.