Two clubs in Burlington, Ontario, are in limbo after one team was disqualified from bidding on a city contract to operate in public pools.
The Burlington Aquatic Devilrays (BAD) won the bid over the Golden Horseshoe Aquatic Club (GHAC) in 2020, but now, with the contract up for renewal in 2025, BAD’s application was denied due to missing documentation.
BAD is challenging the validity of the process, while GHAC, which successfully won the bid, says the process was fair and that the shoe is on the other foot after it lost the 2020 bid to BAD.
BAD currently has approximately 400 swimmers and says it risks closing if it loses public pool space.
Members of both clubs attended the city’s council chambers on Monday as city councillors and the mayor heard both sides of the case.
“I’ve delivered talks around the world on the power of sport, but I’m not sure I’ve ever spoken with more at stake than I do today,” BAD vice president Katie Lebel, according to CBC. “What’s at risk isn’t just pool time. It’s community, continuity and the systems we count on to support our children and what matters in civic life.”
BAD and the city agreed that the club applied for the new contract (2025-2030) following the same rules as when they won the 2020 bid. However, the city disqualified BAD’s bid because it was missing one of the required components: a certificate of incorporation as a non-profit or not-for-profit, according to CBC.
BAD said that the city asked for a “current and valid” certificate of incorporation, which is only issued at the time of incorporation. Club president Kimberly Calderbank told CBC Hamilton they submitted a certificate of status and other supporting materials after seeking advice from a Service Ontario representative. Calderbank said they also included their certificate of incorporation in the body of their submission, but the club was told the documentation was not reviewed because the certificate was not submitted as requested, according to CBC.
“City staff are not allowed to overlook missing mandatory requirements or allow submission after the [request for proposal] closing date,” the City of Burlington said in a June 30 news release. “This protects the fairness of the process.”
The city said BAD requested a review of the decision that confirmed it was made “according to our policies and procedures.” The city said it will work with the club to “explore options for accessing pool time through our regular allocation process.”
Lebel noted that the city’s process isn’t appropriate for youth sports and seems more like something a city would use to hire construction workers, according to CBC.
GHAC chief operating officer and associate head coach Cody Bradt also spoke at the meeting, detailing how his club lost approximately 150 swimmers when they lost the bid in 2020, and managed to continue operating in Burlington by picking up pool space when they could. GHAC also operates in nearby Hamilton.
“Here we are, facing public pressure not because the process was flawed, but because the unsuccessful bidder was simply louder this time,” Bradt said, according to CBC.
“It’s now on the other foot and here we are,” Bradt said.
When asked why he wants to expand into public pool space and see BAD collapse, Bradt said he didn’t want to see any club close, but simply wanted GHAC to have access to better facilities.
“The youth of Burlington are not losing their place to swim. They’re gaining a new opportunity to continue their development with a different organization if they so choose,” he said. He also said there’s nothing to say GHAC wouldn’t have won the bid even if BAD had submitted the proposal properly.
The council met behind closed doors to discuss the matter on Thursday. Mayor Meed Ward said that when there is something to report, she would ensure the public is informed.
I think it is fitting that it’s a Hamilton based team. They are a city of scammers and grifters.
It’s a ridiculous way for a city to allocate pool time, awarding fixed-term renewable contracts, as if you were putting out tenders for the catering contract at city hall. And to suggest that GHAC is just another local Burlington team, the plucky newcomers fighting for pool time? Hardly. They might have managed to convince Revenue Canada or the province of Ontario that they’re a not-for-profit, but they behave very much like a corporation capturing new territories and markets. Perhaps that’s the inevitable future of competitive youth sports, which wouldn’t be a surprise, given the world we live in, but let’s not pretend it’s a Burlington community-based not-for-profit. GHAC began in Hamilton, and is very much anchored in Hamilton (where, incidentally,… Read more »
Logical Fallacy: Appeal to emotion.
There is more to this situation that came out at the city hearing. I understand the process is not ideal but nobody complained 5 years ago when the same process was used and the other team won. After losing the bid five years ago, GHAC were proactive and got a debrief from the city to improve. This year, they even tried to avoid this exact outcome by offering a collaborative joint bid to BAD’s leadership, but that offer was rejected.
Now, for everyone suggesting GHAC should just “share the lanes,” it’s crucial to understand that they may be legally prohibited from doing so by the contract.
It’s not up to GHAC to break a contract they have already signed and I… Read more »
Such an odd scenario, commenting from very far away with no ties.
The bidding process is weird and is flawed to begin with, the fact that swimming is the only sport that Burlington does this procurement process for is odd. And I do agree with BAD that it shouldn’t be the basis starting point l/procedure for determining non-profit youth sport.
BAD seemingly did mess up and them declining to work with GHAC definitely makes it harder to feel for or support them, however GHAC’s behavior on this scenario just makes it so much easier to he pro BAD.
The comments/videos by Cody + club make GHAC seem absolutely tone-deaf to the concerns at hand. I don’t know if it’s… Read more »
Classic let’s disqualify for procedural as opposed to judging the merits of each proposal based on economic, civic and added value to the city of Burlington and most kids/ families to benefit. Burlington needs to employ individuals who can think beyond ticking a box on a checklist. Not a good look for the mayor and the city that this is playing out the way it is.