Opinion: Murky Waters surround Burlington Pools

In Burlington, the right to rent swimming pools is precious. Request for Proposals (RFPs) are typically used when the city is purchasing something. When the city needs a new widget, it issues an RFP, and companies that make or sell widgets respond with a proposal. The city reviews the proposals, selects a company and procures a new widget.

In Burlington, the RFP process is also used when the city is renting swimming pool time with specific conditions on how the pool time is used. Interested parties, able to meet the conditions, submit proposals to pay the city for pool time.

The City of Burlington issued two RFPs in 2025 related to renting pool time. The two RFPs were issued a little over a month apart. The same city staff member handled both RPFS, but the treatment of the groups that responded to the RFPs was very different.

RFP-25-203  “Competitive Adult Swimming – Program Provider” – March 14, 2025

Summary “the allotted amount of pool time (375 hours/year) that must be purchased from the City for the expressed purpose of delivering the Adult Swimming Programs as contemplated in this Request for Proposals.” 

Cost: 375 hours at $134.00 per hour or $50,250 a year.

Overview: A swim club charges members a fee for coaching services and pool time. The club uses part of the fee to pay the City of Burlington $50,250 a year for pool time.

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RFP-25-202   “Competitive Youth Swimming – Program Provider” – April 17, 2025

Summary “the allotted amount of pool time (2000 hours/year) that must be purchased from the City for the expressed purpose of delivering the Youth Competitive and Development Swimming Programs as contemplated in this Request for Proposals.” 

Cost: 2,000 hours at $110.00 per hour or $220,000 a year.

Overview: A swim club charges members a fee for coaching services and pool time. The club uses part of the fee to pay the City of Burlington $220,000 a year for pool time.

This adds up to $270,250 a year, money that swim clubs pay to the city for pool rentals. The swim clubs are customers, buying pool time from the city.

Two non-profit organizations submitted proposals for the youth program, Golden Horseshoe Aquatics Club (GHAC) and the Burlington Aquatic Devilrays (BAD).

It has been well publicized that Burlington has awarded the right to rent pool time for the youth program to GHAC. BAD’s bid was disqualified on what appears to be a technicality.

The technicality was that BAD was unable to meet the bid requirements to provide a “Certificate of Incorporation”.

Looking at the details of the RFP for the adult program, two groups submitted proposals GHAC and the Burlington Masters Swim Club. One of these two groups asked a question through the formal RFP process. The city responded and published the question and answer on April 10th as shown here:

Thanks to Jim Thomson for uncovering this issue and for asking Focus Burlington how we were able to publish the Preview of RFP-25-202 in this article:

Opinion: From Pool Rental to Lawsuit?

Focus Burlington provided Jim Thomson with a copy of RFP-25-203 on July 14^th.

For the adult swim program RFP, issued on March 14^th, groups submitting proposals did not have to provide a certificate of incorporation.

For the youth swim program RPF, issued on April 17^th, BAD was disqualified for not being able to produce a certificate of incorporation.

BAD and its members are upset. The same city employee is managing both RPFs. Is there another layer to this disqualification? Is this why Councillor Kearns has called for an external audit of the process?

The City of Burlington closed RFP (RFP-25-202) at least seven days after being notified that the wording around the Certificate of Incorporation issue was unclear in RFP-25-203, a very similar RFP. Was there an option to withdraw or cancel RFP-25-202, and reissue it with clear language, after the issue became apparent? The language in RFP-25-202 indicates the option existed “the city reserves the right to pursue other bidders, cancel the bid solicitation, issue a revised request …”.

Something that should be simple has now escalated. Lawsuit(s) may be litigated, and settlements for undisclosed amounts paid to injured parties. Taxpayers will be kept in the dark as council throws a cloak of secrecy over the entire issue.

There are a limited number of pools suitable throughout Burlington to host swimming events. Swimming time isn’t necessarily 24/7.  In short, the city has a scarce resource. Creating more of that resource will lead to more income for the city. A possible long-term solution is to erect a dome over Nelson pool at an estimated cost of $1,000,000 plus ongoing costs. This could easily be paid through user fees. This would be something that Focus Burlington would support!