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HomeMy WebLinkAboutC2006-182 - 5/16/2006 - Approved Page 1 of 14 GREENWOOD/HORNE YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND INTERNATIONAL WESTSIDE BASEBALL LEAGUE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 KNOW ALL BY THESE PRESENTS This lease is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and International Westside Baseball League ("Lessee"), a Texas nonprofit association, Corpus Christi, Texas, operating for the purpose of providing youth baseball programs for the citizens of Corpus Christi, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. Improvements means buildings and other structures located on the Premises. Lease means this document, including all attachments and exhibits that are referred to in this document. Lessee means INTERNATIONAL WESTSIDE BASEBALL LEAGUE, a Texas nonprofit association, Corpus Christi, Texas. Parks and Recreation means the City's Parks and Recreation Department. Director means the City's Director of Parks and Recreation or the Director's designee. 2006-182 05/16/06 IClntern ationaIWestside.BaseBall.League.Lease&.UseAgmt.5yr.doc Ord02677h International "'estside Baseball Page 2 of 14 Premises means a tract or parcel of land at Greenwood/Horne Youth Sports Complex designated as shown on the attached drawing, Exhibit A1, together with all Improvements Regular hours of operation means the regularly scheduled hours of Lessee's operation. Risk Manager means the City's Director of Risk Management or the Risk Manager's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to provide youth baseball programs for the citizens of Corpus Christi. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Director. Section 3. Leased Premises. The Leased Premises is a tract or parcel of land in Greenwood/Horne Youth Sports Complex designated as shown on the drawing attached as Exhibit A1 together with all improvements. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. The detailed conditions for using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as often as necessary upon mutual agreement by the Director and the Lessee. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants. conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. Subject to all provisions of this Lease, City leases the Premises to Lessee for a term of five (5) years. However, either party, with or without cause, may te. rminate this Lease by giving thirty (30) days written notice to the other p.prty. Section .R ~ contains termination proviSions for default This Lease begins on the/~ day of /11 alv'J __, 20~(the day of final City Council approval). ! , ~ a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month-to-month tenancy if the Lessee continues to provide consideration in lieu of paying monthly rent as required by this lease, and upon the same terms and conditions as set out in this lease H:\LEG-DIR\OlgaRlDoyleIPark&RecIUttle Leaguesl06.0 1 , 1 DC .Intern. ational. Westside.BaseBall.League. Lease&. UseAgmt.5yr.doc Page 3 of 14 b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month-to-month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 8. Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right during the first year following the cessation of use to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination c. If the cessation of use occurs and continues for one year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving Lessee at least one (1 ) months notice prior to the effective termination date, d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon termination, but no consideration provided prior to termination will be refunded. e. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in Sections 2, 4, 22, 24, 28, and 29 Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted Section 10. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must construct, maintain, and operate a public youth baseball program on the Premises. Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Director Section 11. Bylaws/Constitution, and Membership and User Requirements; Hours and Terms of Operation; List of Officers; Lessee Responsible for Activities. H:\LEG-DIR\OlgaR\Doyle\Park&Rec\Little Leaguesl06,O' 1 DC . Intern atienal. Westside.BaseBall. Leag ue. Lease&. UseAgmt.5yr.dec Page 4 of 14 a. Bylaws/Constitution. Attached as Exhibit B is a certified copy of Lessee's Bylaws/Constitution, Attached as Exhibit C is a certified copy of Lessee's Schedule of Activities, Hours and Terms of Operation, Membership and User Fees. Membership and User Requirements and Fees must be reasonable so that the Premises and Improvements are reasonably available for use by the public. Exhibits Band C are collectively referred to as "operation documents." Lessee may not make any change in the originals of any of these operation documents without prior written consent of the Director. The written consent and certified copies of the revised operation documents must be attached to this lease as Exhibits. b. List of officers. Lessee must annually submit its current list of Officers and Board of Directors to the Director List will include name. title, address, and phone number for each Officer. c. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of the Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises, Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 29.f. of this Lease b. Lessee, if directed by the Director, must construct and maintain screening or other safety barriers to ensure, to the extent reasonable, that baseballs are confined to the premises. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Director, and Engineering Services Director for review and written consent. d. If the Director and Engineering Services Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is subject to inspection by the Director, Engineering Services Director, City's Building Official, and their designated representatives. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee H: \LEG-DIR\OlgaR\Doyle\Park&Rec\Uttle Leaguesl06,Q 1 11 DC, International. Westside, BaseBall, League, Lease&,UseAgmt.5yr.doc Page 5 of 14 simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed In a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes. and sales taxes, that could be assessed against the Leased Premises and any buildings., improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. c. Lessee must provide proof of payment of all taxes within 30 days after Director requests proof of payment. Failure to payor provide proof of payment is grounds to terminate this Lease Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occu r Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager. which approval will not be unreasonably withheld. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void, d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. H: \LEG-DIR\OlgaR\Ooyle\Park&Rec\Little Leagues\06.0 1 11 DC.lntern atienal. Weslside.BaseBall.League. Lease&. UseAgml.5yr. doc Page 6 of 14 e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for Citv's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, Inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Director. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of the Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Alternatively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee must post the Premises with signs warning that it is a baseball field and no trespaSSing is allowed. The Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. H :\LEG-DIR\OlgaR\Ooyte\Park&RecIUttle Leagues\06.0111 DC.I ntern.atlonal. Westside. BaseBall. League Lease&.UseAgmt.5yr. doc Page 7 of 14 Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the PremIses and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Director retains the right to approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. The attached Exhibit A2 governs the responsibility for utilities. Section 25. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises Section 26. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers. for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. SftCtion 28. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor"") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers I compensation and death claims, or property loss or damage of any other kind whatsoever, to H:\LEG-DIR\OlgaRlDoyleIPark&ReclLittle leagues\06.0' ! 1 DC. Intern allona!. Westside.BaseBall.League Lease&.UseAgmt.5YLdoc Page 8 of 14 the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee S performance under this Lease; (2) Lessee s use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 29. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit 0, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit 0, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that H:\LEG-DIR\OlgaR\Ooyle\Park&Rec\Little Leagues\06.0 111 DC. Intern atlonal. Westside.BaseBall.League. Lease&. UseAgmt.5yr. doc Page 9 of 14 the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. C. Lessee shall provide, during the term of this Lease, copies of all insurance pOlicies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage e. If alcoholic beverages are served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 12(a) of this lease. Section 30. Default. The following events constitute default under this Lease: (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, City. at its option, in addition to any other remedy or right given under this Lease or by law, may do one or more of the following: H:\LEG-DIR\OlgaRlDoyleIPark&ReclLittle Leaguesl06.0 111 DC .Intern.atienal. Westside. BaseBall. League. Lease&. UseAgmt.5yr.dec Page 10 of 14 (1) City may give notice to Lessee that this Lease terminates upon the date specified in the notice, which elate will be no earlier than five (5) days after the giving of the notice (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costs. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s} due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 34. Contact Person/lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 35. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (I) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1 ) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: H:\LEG-DIR\OlgaRlOoyteIPark&ReclLittle Leaguesl06.0 111 DC.I ntemationaL Westside. BaseBall. League. Lease&.UseAgmt.5yr.doc Page 11 of 14 IF TO CITY: IF TO LESSEE: City of Corpus Christi Parks and Recreation Dept. P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: Director of Parks & Recreation (361 ) 880-3464 International Westside Baseball League A TTN: President 5902 Ayers Street #167 Corpus Christi, TX 78415 (361) 857-2493 d. Either party may change the address to which notice is sent by using a method set out in subsection a. of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier. severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each act in an individual capacity and not as agents, representatives, employees, employers, partners, joint-venturers. or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) H:\LEG-DIR\OlgaR\Ooyle\ParK&Rec\Little Leagues\06.01 '1 DC.lntern alional. Westside.BaseBall.League Lease&.UseAgmt.5yr.doc Page 12 of 14 the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed: or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore. if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal. invalid, or unenforceable, will not be affected by the law or judgment. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, urness contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promIses, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 45. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties. are binding on the parties, and their respective successors and assigns. Section 47. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager, or designee. H :\LEG-DIR\OlgaR\Doyle\Park&Rec\Little Leagues\06.0 111 DC. Intern ,ationa!. Westside.BaseBaIlLeagueLease&. UseAgmt.5yr ,doc Page 13 of 14 EXECUTED IN DUPLICATE ORIGINALS on thEtMday ofrcl~ ,2006. LESSEE : INTERNATIONAL WESTSIDE BASEBALL LEAGUE By: .~ ~~v-- President 1f\i'., . . n\ 1 ~_.~\..e.- ~. . STATE OF TEXAS ~ ~ ~ COUNTY OF NUECES This instrument was acknowledged before me on ~h~ ~ ~ , 2006, by c:1:~'-).-:<-0CL..L. , President of International Westside aseball League, a Texas nonprofit association. on behalf of the association. ~\ ~t~. Nota,yPublic, State of Texas Printed Name:_~__''-V- +-t. Seal: Expiration Date:~:L~.LL L H :\LEG-DIR\OlgaRlDoyleIPark&ReclLittle Leaguesl06.0 111 DC.I nlern alienal. Weslside.BaseBall. League. Lease&. UseAgmt.5yr.dec Page 14 of 14 ATTEST' / '~t-tf ./~ 4=--_ Armando Chapa ' City Secretary CITY OF CORPUS CHRISTI ,gEA_ eorge K. Noe City Manager APPROVED 17 October 2005 N'~ ~ --,-____ Doyle lr.'"" Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney ~(). c ?:~.T?..~.. AU I hUKIt.... Sf CQU"Cll ,_.,..5..)J.k~ .............L SECln Atv{ L I 1....__ STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ ,2006, by exas home-rule This instrument was acknowledged before me on George K. Noe, City Manager of the City of Corpus Christi. a Municipal corporatiol on beha~ of the corporation l ~{~~ f ~'vt'\, }- --- Notary -Public. State of Texas i "t?'V P(J~ Connie ParKs I' ~ '* ~ My CommiSSion Expires ~~ ~'< November 09. 2007 \h~='" Printed Name: Seal: Expiration Date:____ H: \LEG-DIR\OlgaR\Ooyle\Park&Rec\Little Leagues\06.0 1 11 DC.lntern, atlona!. Westside,BaseBall ,League Lease&.UseAgmt.5yr.doc ('TI X :I: - OJ =i )> OJ, V1 ,., ::Ii ,., :u c- Z ,., ') 1) :u o " ,., :u ~ c- Z ,., ,- II .1 I '" ~ o ~ ""( . \ ~ \ , \ (\ ~ \ \;-,' 0 \ ~y/ ,~. :i ,~\\ . \ \ EXHIBIT A2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS YOUTH SPORTS COMPLEX LEASE & USE AGREEMENT WITH THE INTERNATIONAL WESTSIDE BASEBALL LEAGUE This Exhibit A2 contains detailed conditions for using the Premises ("Premises"). This ExhibitA2 is attached to and governed by, and the Premises is defined in, the Youth Sports Complex Lease and Use Agreement between the City of Corpus Christi, Texas and International Westside Baseball League. 1. Lessee Services and Responsibilities. 1.1 Baseball. Youth baseball will be offered at various different skill levels. Lessee may also hold tournaments with dates to be determined in conference with Parks Director. Dates of the tournaments must be requested as soon as possible each year. The Parks Director will inform Lessee as soon as dates have been determined. All members of all teams playing on Lessee's Premises must be registered with a nationally recognized baseball organization. Lessee may grant use rights for Lessee's Premises to nationally recognized baseball organization registered teams for practice 1.2City Use. If Lessee is not using its Premises, City may use any or all of the area for recreational purposes. The City reserves the right to accept tournament play at any City baseball field at the rate schedule established by the Park and Recreation Fee Ordinance. These tournaments will be independent of any tournament associated with the regular adult league play. 1.3Maintenance. Lessee must maintain the Premises. If Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days after Parks Director's written demand. At a minimum, maintenance includes: a. Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; b. Lessee shall keep the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, lining the playing field, taking out and putting up the bases each evening, maintaining the infield, and cleaning and maintaining the interior of the buildings and restrooms c. Lessee shall keep safe and in good repair the bleachers; Lessee must repair the bleachers within 48 hours after the need for repair is, or should have been discovered. H :\LE G-DI R\OlgaR\Doyle\Park&Rec\Little Leagues\06.0 124DC. Intem .ational. Westside.BaseBall.League. Exhibit.A2.doc d. Lessee must immediately report any vandalism to the Parks Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas e. Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Parks Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; f. Lessee must ensure that parking is confined to designated areas; g. Lessee must maintain the Premises within the Lease boundary lines. Lessee shall be responSible for maintaining the grass at a safe height not to exceed six (6) inches. Lessee will water the Premises, in compliance with any effective drought plan 1.4Registration, etc. Lessee will promote the program so that the public is aware of the organization's activities. Lessee will conduct all registration, take all fees, schedule all games, including makeup games and playoff games, and provide trophies for the top team in each league. 1.5Utilities. Where practical, as determined in the sole discretion of Parks Director, Lessee must install and pay for its own utility meters and Lessee must have all utility service providers bill Lessee for all utilities. Lessee must promptly pay all utility bills so that none of those bills become delinquent. Lessee must pay for all utilities, such as electricity, water, wastewater, solid waste, and phone associated with its usage of the Premises. Electricity for field lights will be billed at the established fee of $8.00/hr for night games. 1.6Field Playability. The City reserves the right to cancel play at Premises when field conditions, as determined by the Athletics Program Manager, may cause player injury or damage to the Premises. Every effort will be made to determine conditions by 4:00 p.m. unless there is rain or other bad weather after 4:00 p.m. in which case the Athletic Supervisor will notify Lessee as soon as the adverse conditions have been determined 1.7 Umpires. Lessee must provide and pay for umpires for each scheduled game. 1.8Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880-3461 and talk to the Parks Director, or designee. 1.ISportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant shall take a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. H :\LE G-DI R\OlgaR\Doyle\Park&Rec\Little Leagues\06. 0 124DC.1 ntem. ationalWestside. BaseBall. League. Exhibit.A2.doc 2. City Responsibilities. 2.1 Debt Service. City will pay bond debt for Premises. 2.2Maintenance. City will maintain the areas outside of the Premises determined by this lease. 2.3Capitallmprovements. City will fund capital improvements determined by the City that are needed at its discretion Contact Person. For the Lease, the City's contact person is the Parks Director, or designee H :ILE G-DI R\OlgaRIDoyte\Park&ReclLittle Leaguesl06. 0124DC . Intern .ational. Westside. BaseBall. League. Exhibit.A2.doc International Westsid _ _~ame __ -+= _ Address Ruben Riojas + 1621_~~~r~~~_ 7 Alex Ayala ! 4729 Queen, 78415 Maria Perez Vince Morin Lydia Morin J.J. Chavarria Laurie Benavides ._--_..,._....__.,'--~ e Pony League Board Members ~ Phone Number Position 8416~H 361-855-7537 PresidentlTreasurer i 361-563-3041 (C) Vice-President 412--r361~~~3~-~~94 ~! I ),. Secretary ---iu- 415 1361-850-8031 (H) Member __ i 361-779-5919 (C) 415 361-850-8031 (H) Member -- 361- 779-8989 (C) ! 361-884-7302 (H) Member I 361-244-2029 (C) i - 361-844-7302 (H) Member 361-774-4093 (C) --'-- 361-882-1391 (H) Member 361-774-4075 (C) 8415 361-855-2609 Member ---- t----- ------ 16 ~61-728-3454 (C) Member I, 361-765-9908 (C) Member --,.. ,-- I 361-688-2240 (C) Member 78416 361-728-1672 (C) Member 361-806-0177 (H) 78416 361-728-1672 (C) Member 361-232-3950 (C) Member ---- f-------- ----....--.,--- ------- ----_.~-- 2_ '( Ef! ("~ - ~t::''-- c) ./ .J 0'-.<> c j tD-<;> 1649 W. Manor, 78 3621 Bentwood, 78 362 I Bentwood, 78 442 Balboa, 78405 442 Balboa, 78405 Juan Chavarria 442 Balboa, 78405 Ramiro Alaniz Jenny Hathewa Monica Hino.osa Patricia Sambrano Jesse Sanchez Christine Sanchez Carlos Castillo 4601 Greengrove, 7 1838 Talisman, 784 1701 Overland Trai 78410 2701 Sunray Circle A t.D, 7841~___ 321 W . Vanderbilt, 321 W . Vanderbilt, 6814 Crosstimbers, 78413 -----------+--- ------ I I -- .--------+-- -- ---'-- --- - i ~I. -------_--l--_ - 1---- -- ---- ---.--t-- - ------------- L_ _____ International Wests ide Pony League 4033 Greenwood Drive Corpus Christi, Texas 78415 (361) 855-3100 (361) 855-7537 TO: CC Park and Recreation FROM: Ruben Riojas, League President DATE: September 6, 2005 SUBJECT: INTERNATIONAL WESTS IDE (IWS) LEASE RENEWAL IWS is requesting to renew the lease at our complex which is located at 4033 Greenwood Dr. We play organized baseball during two seasons each year. Our spring season begins in January for registration and season play begins in March and concludes in June. Our winter season begins in August for registration and season play begiDs September through November. During those months, we are open eveninl8 from 5pm -9 pm and Saturdays from 8am- 4pm. Our registration fee per child is $35.00 during winter play and $50.00 during spring play. We also require each team to bring a sponsor donation between $150.00-$250.00. The sponsor will receive an advertisement board to be placed on our outfield fence, as well as advertisement on the team jersey, and will receive an appreciation sponsor plaque with the team picture. Our divisions are Shetland (T -ball) for ages 4 through 6 yrs., Pinto for ages 7 and 8 year of age and Mustang for 9 and 10 years of age. The number of players varies per season but averages between 300 to 450 players. Please consider our request to continue our lease. I feel that we have a strong program for the children of Corpus Christi Westside community and a strong commitment from the board members to continue our PfOll"8D1. If you have any further questions, please feel free to contact me at home at 361-855- 7537 or during the day at 361-961-2534. Thank you for this wonderful opportunity. Certified by League President .~ ~" ~ I .LQ Ru n M. Riojas ~ T ABLE OF CONTENTS (' . /) ! NAME I I 0 BlECTIVE III OFFICERS, DUTIES & POWERS IV FINANCIAL & ACCOUNTING \ AUDITING COMMITTEE VI MEETINGS VII VOTING VIII GENERAL RUL ES IX DIVISIONS X DUES XI DECISIONS COMIvHTTEE XII TEAMS XIII TEAM RESPONSIBILITIES XIV MANAGERS & ASSISTANTS XV PLA YER REGISTRATION XVI PLAYER ELIGIBILITY XVII TR YOUTS XvIII PLAYER ASSIGNMENT & DRAFT XIX MANDATOR Y PLA YING RULES XX GAMES XXI GAME OFFICIALS XXII AMENDMENTS PAGE 3 PAGE 3 PAGE 3 PAGE 8 PAGE 9 PAGE 9 PAGE 9 PAGE 10 PAGE 11 PAGE 11 PAGE 11 PAGE 12 PAGE 12 PAGE 13 PAGE 14 PAGE 15 PAGE 15 PAGE 16 PAGE 18 PAGE 18 PAGE 19 PAGE 19 LOCAL FOUR YEAR OLD RULES LOCAL SHETLAND RULES LOCAL PINTO RULES LOCAL MUSTANG RULES EXPANSION TEAMS FUNDING ORGANIZA TION DISSOLUTION PAGE 20 PAGE 23 PAGE 27 PAGE 31 PAGE 35 PAGE 35 PAGE 36 INTERNA TIONAL WESTS IDE 4033 Greenwood Dr. Corpus Christi, TX 78416 (361) 855-3100 To: INTERNATIONAL WESTSIDE Coaches and Parents We again approach another year of baseball and we look forward to working with each and every one of you. Please bear in mind that the Board of Directors consists of volunteers who have willingly given up some of their time to make IWS a better playing facility, and we will try our best to do the jobs that were entrusted to us. You, as a coach and/or parent have volunteered to instruct and to assist our youth in the sport of baseball. In volunteering you have agreed to follow not only the rules of baseball but also the rules governing INTERNATIONAL WESTSIDE League. A copy of the IWS Constitution and by-laws will be available for each coach upon request. The Board of Directors is entrusted with the oversight and enforcement of the IWS by-laws. It is the intent of the IWS Board of Directors to obtain and maintain the best training and facilities for our youth and to create an environment that is conducive to athletic competition, and most importantly. . .. FUN. Our facilities have improved substantially over the last several years, which have resulted in an mcreased number of youths participating in our league. In order to obtain the appearance and condition of our facilities it is imperative that our fields are maintained (raked and watered, etc.) as stipulated in the by-laws. Policing ofthe grandstand areas and trash removal are required prior to the departure of adult volunteers for each team. The support and cooperation of the volunteer coaching staff and parents is essential in creating a secure environment in which our youth learn and mature. This atmosphere of cariag and pride in our youth keeps IWS at the Top of ALL local Youth Baseball Leagues. If you have any questions or concerns, please feel free to contact a league officer or board member. Again, the league THANKS YOU for all your hard work and dedication. Sincerely, ~ ~. Riojas League President 2 ARTICLE I: NAME The Legal name of The Organization is INTERNATIONAL WESTSIDE PONY LEAGUE. ARTICLE II: OBJECTIVES SECTION 1: The objectives of IWS shall be to implant firmly in children of the community the ideals of good sportsmanship, honesty, loyalty, courage, and respect for authority, so that they may be well adjusted, stronger, and happier children and will grow to be good, decent, healthy and trusnvorthy children. SECTION 2: To achieve this objective, IWS will provide a supervised program under the rules and policies of Pony Baseball and IWS BY-LAWS. All Directors, officers, and members shall bear in mind that the attainment of exceptional athletic citizens is of prime importance. In accordance with Section 50lc of the Federal Internal Revenue Code, IWS shall operate exclusively as a non-profit educational organization providing a supervised program of competitive baseball games SECTION 3: To establish, each year, a tournament team(s) from each division to represent the league in ALL-STAR TOURNAMENT PLAY. SECTION 4: IWS is organIzed Exclusively for Charitable, Religious, Education, and Scientific purposes, including, for such purposes, the making of Distributions to Organizations that qualify as Exempt under Section 501 c (3) of the Internal Revenue Code of 1954. (Or the Corresponding Provision of any future United States Internal Revenue Law). ARTICLE III: OFFICERS, DUTIES AND POWERS SECTION 1: OFFICERS The officers of IWS shall consist of a League President, League Vice-President, Treasurer, Secretary, Registrar, Player Agent for each Division, Equipment Manager, Park Manager, Team Mom Coordinator, Team mom Rep., Concession Stand Manager and Safety Officer. All other officers, members shall hold office for the ensuing year and/or until there successors are duly elected. See article VIII, Section 1 and 3. The Board members may appoint or dissolve any office as it deem necessary and may prescribe the powers and duties of each and may fill any vacancy that may occur in office. The Board members by a two-thirds vote of those present at any duly constituted meeting, shall have the authority to discipline, suspend, or terminate any Board of Director when the conduct of such person is considered detrimental to the best interests of IWS. The Board members will be removed from the Board upon missing three (3) consecutive unexcused Scheduled Board Meetings. Board member must call the President and/or secretary to be counted as an excused absence. 3 SECTION 2: LEAGUE PRESIDENT THE LEAGUE PRESIDENT SHALL: (A) Preside at all meetings. (B) Conduct the affairs of IWS and execute the policies established by the Board of Directors. (C) Present a report of the condition of IWS at the annual meeting or at such other times, as he/she or the Board shall deem necessary. (D) After the Spring Season ends, he/she may be in charge of improvements that need to be done at IWS. (E) Communicate to the Board of Directors such matters as deemed appropriate and make such suggestions as may tend to promote the welfare of IWS. (F) Be responsible for the conduct of IWS in strict conformity to the Constitution, by-laws, Rules and Regulations of IWS. (G) Designate in writing other Officers, if necessary: To have powers to make and execute for/and in the name of IWS such contracts and leases as may have received prior approval of the Board. (R) Investigate complaints, irregularities, and conditions detrimental to IWS, and report them to the Boards as circumstance warrant. (1) Receive all mail, supplies, and other communication from Pony Baseball Headquarters or any Affiliated Association. (1) Be the contact between the local organization and Pony Baseball or any Affiliated Association. (K) Be responsible for the care and maintenance of buildings and grounds other then the playing fields. (L) Prepare and submit an annual list and budget for the improvements of buildings and grounds to the board of Directors. (M) The President shall be in charge of any capital improvements and work: with approval of The Board of Directors. (N) Be responsible for the completion of all assigned tasks of the elected board members and appoint committee leaders. (0) Have authority to postpone games due to weather or safety factors. (P) Be responsible for checking that no conflicting teams are practicing in the same location. SECTION 3: LEAGUE VICE-PRESIDENT THE LEAGUE VCE-PRESIDENT SHALL: (A) The League Vice-President shall be in charge of all player reps., Sponsors and Sponsor signs with Board approval. Vice-President will also help with fundraising and other duties as assigned. The Vice-President will report to the President. (B) The V-P shall be the liaison between the coaches and the President. The V-P will be in charge of coordinating with the park manager in order to assign duties. The V.P will help with the fundraising and other duties as assigned. (C) Have the authority to postpone games due to weather or safety factors in the absence of the President. (D) Be the liaison between the Board members and the members and managers of all divisions. (E) Post standings in a timely manner. 4 (F) Responsible for scheduling AN OFFICER OF THE DA Y. SECTION 4: TREASURER THE TREASURER SHALL: (A) Perform such duties herein specifically set forth and such other duties that is customary to the office of the Treasurer or may be assigned by the Board of Directors. (B) ReceIve all monies, ~ecurities, and deposits them in a depository approved by the Board of Directors. (C) Keep all records for the receIpt and disbursement of all monies and securities of IWS, approve all payments from allotted funds and draw checks therefore, (0) Monttor all expenses incurred against the approved budget and report any over expenditures to the Board of Directors. (E) Shall submit a montWy written financial report on "Board Approved" form. A verbal financial report will he given at all meetings. SECTION 5: SECRETARY THE SECRETARY SHALL: (A)Be responsible for recording the activities ofIWS and maintaining appropriate files, mailing lists and all necessary records. (B) Perform such duties as are herein specific all set forth in addition to such other duties as are customarily incident to the office of Secretary or as may be assigned by the Board. (C) Maintain a list of all Board members and give notice of all meetings ofIWS (D) Keep minutes and attendance of all organizational meetings and keep them recorded in a book. (E) Shall conduct all correspondence not otherwise specifically delegated in connection with the said meetings and shall be responsible for carrying out all orders, votes, and resolutions not otherwise committed. (F) Be responsible for posting minutes of regular Board meetings within seven (7) days after meeting, once the season begins, at both concession stands. SECTION 6: REGISTRAR THE REGISTRAR SHALL: (A) Be responsible for all player registration and registration records. (B) Be responsible for scheduling registration help. (C) Work closely with Player Agent. (0) Work closely with the President. (E) Prepare and maintain team rosters, mcluding players claimed. (F) Other duties as assigned. SECTION 7: DIVISIONAL PLAYER AGENTS THE DIVISIONAL PLAYER AGENTS SHALL: (A) Be a member of the Rules and Regulations Committee, help the Registrar at registration. (B) Coordinate the rescheduling of postponed games with both managers and get approval from the President. (C) Schedule and conduct tryouts with help of all BOARD MEMBERS. 5 (D) Conduct the draft of all players of their divisions (E) Record all player transactlons and maintain an accurate and up-to-date record of players for theu divisions. (F) Receive and review applications for player candidates and assist the Registrar, and President in checking age eligibility. (G) Conduct voting for tournament teams. (H) Keep names of managers, Coaches, and Options on record for their divisions and submit coples to the secretary to be kept on file. (I) Be responsible for recruiting potential managers for their divisions. 0) Player agent must not have an interest in the division assigned SECTION 8: EQUIPMENT MANAGER THE EQUIPMENT MANAGER SHALL: (A) Be responsible for the proper issue of such supplies and equipment for the repair, Cleaning and storage, thereof; at the end of the season. (B) Contact all Coaches/Managers to turn in equipment at the end of each season. (C) Provide a list at the end of each season to the Vice President of those Managers/Coaches not complying with this rule, so that they may be reprimanded. (D) Submit an estimated expense letterform for approval by the Board. (E) Tag all equipment bags to keep each division equipment separate. (F) Tag all equipment bags with each returning managers/coaches/team names so that manager/coach can receive the same equipment the following season if so desire. SECI'ION 9: PARK MANAGER THE PARK MANAGER SHALL: (A) Be responsible for all maintenance equipment and report if any repairs are needed. (B) Make sure all mowing, trimming; fertilizing and watering turf areas are accomplished. (C) Make sure all fillings, leveling; tilling and weeding skinned areas are accomplished. (D) Maintain dugouts and playing field fences. (E) Keep base placements, mound heights, etc. true and to regulation. SECI'ION 10: TEAM MOM COORDINATOR THE TEAM MOM COORDINATOR SHALL: Be the liaison between the Team Mom reps. for each team in each division and the league. Team Mom Coordinator shall: develop activities to raise funds for the league including, but not limited to' (A) Secure a sponsor for the printing of fundraiser tickets. (B) Set a date for fund raising activity and submit for Board approval. (C) Approach other Fund-raiser activities: (candy sale, barbecue, seat cushions, etc., and date and submit for Board approval). (D) Obtain bids from local photo studios and submit for board approval. (E) Distribute raffle tickets and candy, or any other fund-raiser, to Team Mom reps and maintain records of all tickets distributed to teams and money/tickets collected from teams. (F) Solicit sponsors for top sales incentives with Board approval. (0) Distribute incentive prizes to winners. 6 (H) Turn in all momes (ollected to the Treasurer and maintain records of all such transactions. (I) Schedule and conduct all Team \lom meetings. (1) Be responslble for aU Divisional Team Moms and that fundraising money is turned in on tlme (K) Report any problems WIth the team Moms to the Board. (L) Work closely wIth the Vice-PresIdent and Treasurer. (M)Other dunes as assigned. SECTION 11: TEAM MOM REPRESENTATIVES THE TEAM MOM REPRESENT A TIVE SHALL: The Team Mom rep shall be the liaison between the team parents and the team mom coordinator. (A) Attend all schedule Team Mom meetings and inform her parents. (B) Be responsible for Team parents and fund-raising monies are turned in on time. (C) Report any problems with your parents to the team mom coordinator. (D) See team mom coordinator for further instructions. SECTION 12: CONCESSION STAND MANAGER THE CONCESSION STAND MANAGER SHALL: (A) The Board members shall determine on a yearly basis if volunteers or a paid manager will run the concession stand. (B) Regardless if the managers are volunteer or paid, the managers will report any problems that should arise while performing their duties. The Board members shall make any and all decisions concerning the duties of the manager. The manager will report to any of the following Board Members: President, Vice-President, and Treasurer. (C) The Program will transfer $1,000.00 to the concession stand budget to be used to start up the spring season concession stand. (D) If the Board decides that the manager will be a volunteer position, then the Board will be responsible for arranging the procedures to be used in manning and providing help for the managers. (E) The manager is responsible for all receipts and expenses while being in charge of running the concession stand. (F) The concession stand manager will be responsible for the concession stand checking account and it's signature. (0) Each snack bar will have $50.00 to start up concession. EXPENSES: 1.) The manager will check purchases against the receipts. 2.) The cook will be paid as follows: One (1) hour before start of first game, to set up, until half-hour after the last game to clean up. 3.) The manager will keep a log to record all cash expenses paid out to helpers, umpires, and for supplies. 4.) Umpires will be paid, per game, as determined by the Board members and the chief umpire. 7 RECEIPTS: 1.) Receipts will be cOW1ted daily and docwnented on the concession stand daily report. 2.) A log will be kept to show daily expenses and receipts. SECTION 13: SAFETY OFFICER/OFFICER OF THE DAY THE SAFETY OFFICER/ 000 SHALL: (A) Be responsible for touring all league grounds for safety hazards. (B) Report all safety hazards to the Board. (C) Report any accidents to the Board. (D) Enforce polices and other duties as assigned. (E) Ensure First Aid supplies are available at all times. (F) Ensure fire extinguisher is maintained and current. ARTICLE IV: FINANCIAL AND ACCOUNTING SECTION 1: The Board members shall decide all matters pertaining to the finances ofIWS directing the expenditures of same in such a manner as will give no individual or team advantage over those in competition with such individual or team. (A) Tournament team funding will be based on annual budget and approved by the board. SECTION 2: NO items purchased, received or owned by IWS may be used for personal benefit of any member, except for promotion of league objectives. SECTION 3: THE BOARD SHALL NOT PERMIT THE SOLICITATION OF FUNDS IN THE NAME OF IWS, UNLESS ALL THE FUNDS SO RAISED ARE PLACED IN THE IWS TItEASURY. THE ONLY EXCEPTION TO THIS WILL BE ONE (1) ~'.A]:SER (PER TEAM. PER SEASON) THAT IS PRE-APPROVED BY THE LE BO . YOU Y NOT USE THE NAME OF IWS IN ANY MANNER IN SER ONL YOUR TEAM NAME AND DIVISION. THE PENALTY S WILL BE SUS NSION FOR THE MANAGER/COACH FOR THE RE E OF THE YE AND BElSHE WILL BE IN JEOPARDY OF COACmNG TIIJ!l FOLLOWING YEAR. SECTION 4: The Board shall not permit the disbursement of league funds for reason other than those pertaining to INTERNATIONAL WESTS IDE League Activities. SECTION 5: No Officer or board member other than paid concession worker(s) shall receive, directly or indirectly, any salary, compensation or favors from IWS for services rendered as officers or board members. SECTION 6: All monies received shall be deposited to the credit of IWS in a bank so designated by the board members. The Treasurer shall sign all checks. SECTION 7: No part of the net earnings oflWS shall be to the benefit of, or distributed to its members, trustees, officers, or other private persons, except that the Organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make 8 payments and distributions in furtherance of the purposes set forth in (article 2)-(section 4) hereof. No substantial part of the activities ofIWS shall be the carrying on of propaganda, or otherwise attempting to influence legislation and IWS shall not participate in, or intervene in political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of these articles. the organization shall not carry on any other activities not permitted to be carried on, (a) by an organization exempt from federal Income Tax under section 501(c) (3) nfthe Internal Revenue Code of 1954. (Or the corresponding provision of any future United States Internal Revenue Law) Or (b) by a organization, contributions to which are deductible under section 170( c) ~2) of the Internal Revenue Code of 1954 (or the Corresponding Provision of any future United States Revenue Law. ) ARTICLE V: AUDITING COMMITTEE The Board shall appoint an Auditing Committee consisting of (3) three board members, not to include treasure or concession stand manager. The Committee will review ail IWS main account books and records annually to include concession stand finances, (01 Aug - 31 JuI) and attach a statement of their fmdings to the annual financial statements of the Treasurer; or may, if directed by the Board members, secure the services of a CPA to accomplish such review. ARTICLE VI: MEETINGS SECTION 1: All Executive Board meetings or any other meeting held at IWS may be called with in less than twenty-four (24) hours notice. The Secretary shall give notice of meetings to each Board member. SECTION 2: Board meetings can be held at IWS or any other place as deemed necessary to the Executive Board. Notice of Board meetings and minutes are to be posted at the main concession stand. SECfION 3: Any proposed changes to the INTERNATIONAL WESTS IDE-Constitution and By-laws shall be made in writing with copies distributed to all Board Members. No action other than discussion shall take place on the proposal at the same meeting in which it was introduced, unless the majority of board members deem it necessary to take immediate action on said item. All Board members must be notified that action on the proposal will be taken at a specified time, not sooner than one week after introduction. A two-thirds majority vote of all Board members in attendance must be present to pass the proposal. SECfION 4: All managers and team mom meetings shall be held at IWS or other designated areas. SECfION 5: A quorum is one in which" at least two-thirds of BOARD MEMBERS are in attendance. " SECTION 6: " Robert's rules of Order'J WILL govern ALL MEETINGS. 9 ARTICLE VII: VOTING SECTION 1: The following are the steps that will need to take place in order to become a board member at IWS. (A) To be elected President, Vice-President, Treasurer or Secretary a member would have to serve for one year as an active board member. (B) Sign up posters will be placed in the complex areas for the last two weeks of the regular Season. New potential Board members can sign up with NAME AND PHONE NUMBER. You MUST also fill out a Board member application in order to run for the Board. (C) All new board members must serve a (4) month probation period before being eligible to vote. Only after probation period will member be awarded League Board member shIrt. (D) To be elected to any of the other positions any person can sign up although he/she must still fill out a Board member application. The position on the Board must meet criteria set in Article VII, section 1 A and will take place immediately after closing ceremonies. (E) The present Board will assign the new Board members to positions that need to be filled. (F) Board Officials will be elected for a two-year period unless board member steps down or are voted out President and treasurer will be elected on odd years and Vice-President and Secretary on even years. ARTICLEVIII: GENERAL RULES SECfION 1: Rules governing all play at IWS shall be those as stated in the current Major League Baseball (MLB) rules, the Pony Baseball Rules and Regulations book and/or IWS Constitution and by-laws. The IWS Constitution and by-laws shall be the final authority in all rules questioned. SECfION 2: NO ALCOHOLIC BEVERAGES ALLOWED ON THE PREMISIS BY CITY ORDINANCE OR INTERNATIONAL WESTSIDE. SECfION 3: Disorderly conduct or" Abusive" language from fans, parents, managers, coaches, players or Board Members will NOT be tolerated. Anyone who is removed by law- enforcement will be automatically suspended for (1) one year (to the day) and must then appeal, in writing, to the IWS Board members to re-enter IWS. Current parent/family rules and regulations are covered by the "Code of Conduct" form given to all parents to sign when registering player. This form WILL be strictly enforced. (See enclosure I.) SECTION 4: The game umpire has the authority to eject anyone from the game, playing field, stands or premises for any reason he may deem necessary. Including Section 2. All play on the field shall cease until those ejected have removed themselves or have been removed from the designated area by Peace Officers. The umpire may also terminate the game and declare a forfeit in favor of the offended team for any reason he/she warrants such action. Any person that threatens an umpire or follows them in an abusive manner will be suspended for one (1) year (to the day) and must then appeal, in writing, to the IWS board members to re-enter IWS. 10 SECTION 5: A MANGER, COACH, PARENT HELPER, OR PLAYER EJECTED FROM THE GAME MUST LEAVE THE PLAYING FIELD AND DUGOUT IMMEDIATELY AND WILL NOT BE ALLOWED TO PARTICIPATE IN THE NEXT SCHEDULED GAME. MANAGERS OR COACHES MAY JEOPARDIZE COACHING STATUS FOR THE FOLLOWING YEAR, ONCE BEING E.JECTED FROM A GAME. SECTION 6: Any Board member or Officer of the Day HAS THE AUTHORITY TO EJECT ANYONE FROM THE STANDS OR PREMISES FOR ANY REASON HE/SHE MAY DEEM NECESSARY, INCLUDING, BUT NOT LIMITING TO, SECTION 2 AND 3. ARTICLE IX: DIVISIONS SECTION 1: Conduct a series of league games to determine champion in each division. SECTION 2: Coaches will be notified of the format of inter-league Tournament. SECTION 3: If there are more than ten (10) teams in each division, the board will determine in which division that team will be seeded. The two (2) divisions will consist of one (1) North and one (1) south. SECTION 4: There shall be no less than four (4) teams in a division. SECTION 5: The division within this league shall be as follows: 4 year olds Shetland Pinto Mustang 4 years old as of July 31 st 5 through 6 years, as of July 31 st 7 through 8 years, as of July 31 st 9 through 10 years, as of July 31 st 4 year olds are not eligible for all-stars, but are required to help in oUI fund raising. ARTICLE X: DUES SECTION 1: A registration fee will be charged per season to all players by the Board as deemed appropriate for the function of the League. SECfION 2: The Board may differentiate amount of dues with respect to multi-player member families. Family discounts for two (2) or more children will be given. The amount shall be determined each year by the Board. SECTION 3: Exceptions: The only exception shall be because of financial hardship. Exemption must be requested and will be determined by the Board members. Reasons will be kept confidential. ARl1CLE XI: DECISIONS COMMITTEE The League Decision Committee will consist of at least three (3) and not more than five (5) board members with considerable baseball knowledge and experience. These people shall not currently be a Manager/Coach in the division in question. The Committee shall hear and rule on II all protests that meet the League requirements. The decisions will be retained in notebook form tor future reference The Committee members \vill be a\ailable to meet on short notice or with some degree of regularity as to expedite the protest within ten (10) days after receipt of it. All protests must be submitted 10 a wrItten statement and accompanied with $25.00 payable to INTERNATIONAL WESTSIDE. ~ithin twenty-four (24) hours of game played. The wnpire must be notified of rule that coaches are protesting lccording to MLB rules, the Pony Baseball Rules and Regulations hook and/or IWS by-laws. [fyou win case. money will be returned to manager. ARTICLE XII: TEAMS SECTION 1: The President and VP with the approval of a majority ofthe Board, no later than the start of registration each year shall: (A) Set a goal of the number of teams in each division for the current season. (B) Approve from the volUflteer personnel a Manager for each team. SECTION 2: The team names shall be (A) Chosen by the team manager not to conflict with other teams in that division and must be current MLB teams. Only League issued Uniforms (caps and shirts) will be allowed worn oy ,my rws team during spring season ball. SECTION 3: The maximum number of players on each team in a division during a season shall be determined by the Board each year prior to the draft and based on the number of registrants in each division. However, at no time after the draft shall there be less than nine (9) and no more than twelve (12) players on a team in Mustang, and no less than ten (10) nor no more than thirteen (13) in Shetland and Pinto. SECTION 4: Each team within a division shall maintain the same number of players during the season. SECI'ION 5: The Player agent shall keep a current roster for each team and hereby cause each team to comply with Section 4. SECTION 6: THE TEAM MANAGER OR ASSIST ANT SHALL NOTIFY THE PLAYER AGENT IMMEDIATELY UPON THE LOSS AND/OR "RECURRING ABSENCE OF A PLAYER (S). RECURRING ABSENCE IS DEFINED AS TWO CONSECUTIVE ABSENCES FROM PRACTICES OR GAMES. (A) Managers that do not follow this rule will be suspended for one (1) game. ARTICLE XIII: TEAM RESPONSIBILITIES SECTION 1: AT GAMES Line..up sheets listing player s names, uniform numbers and positions must be given to the official scorekeeper and opposing manager at least ten (10) minutes prior to game time. Home 12 team will be responsible for an official scorekeeper in the press box and visiting team will be responsible for the announcer. Home team scorebook will be considered the official score book and final authority in anv scoring dispute. (A) The Player Agent may use this mformation to help assure compliance of Article XII, Section 4. (B) Pnor to games, the Vlslnng team shall be responslble for lirung the foul lines and batter's box. The homt shall put the bases 111 place (Lining the field should be completed thirty (30) mmutes pnor to games so those players may warm-up on field before the game). (C) Both teams shall then share the responsibility of raking, watering and returning the eqwpment W the storage room after the final game each day. (D) No one under the age of 14 years old will be allowed in the press box without adult supervlslOn (E) After each game, each team shall police its respective dugout and bleacher area and leave it ill clean condition. [rash should be put in the trash containers stationed close to the dugout Managers and Coaches MUST enforce these cleaning rules to players and parents. (f')\fter the last game of the day, teams shall return bases to their proper storage areas and empty out trash containers 111to the dumpster. SECTION 2: DUGOUT LIMITATIONS (A) reams shall be allowed one ~Ianager, two Coaches and one scorekeeper and a maximum ,>f 13 players 111 the dugout. It will be the responsibility of the manager to see that all others are kept uut (B) NO ALCOHOLIC BEVERAGES ARE ALLOWED ON IWS PREMISES. (C) NO SMOKING WILL BE ALLOWED ON THE IWS PLAYING FIELDS OR DUGOUT AREA SECTION 3: FAILURE OF TEAMS COMPLYING WITH SECTION 1 AND 2 CAN RESUL T IN EJECTION/SUSPENSION OF MANAGER. ARTICLE XIV: MANAGERS AND ASSISTANTS SECTION 1: Team managers and assistants ofIWS should be selected from the best available leaders, age "18" and above. With the following to be considered: HONESTY, INTEGRITY, MORALITY, and KNOWLEDGE OF THE GAME AND THE ABILITY TO WORK WITH YOUNG PEOPLE AND THERE PARENTS. SECTION 2: A manager for each team shall be selected as in (Article XIV, Section I) (A) The manager shall have sole responsibility for his/her team's conduct on and off the playing field, during practice and at tournament play. (B) Son or Wards (MUST HAVE LEGAL DOCUMENTATION FROM THE COURTHOUSE), when playing in the same division will be treated as returning players to that Manager's team without having to be drafted but team option will apply. Only in this case, brother option also applies. SE110N 3: Team Manager's shall select coaches, upon approval, by board members. 13 (A) The coach shall, in the absence of the manager, assume all the duties and responsibilities of the manager (Bl A son or ward of the coach when playing in that same division for the first time will be automatically on that team but team option will apply. (MUST HAVE LEGAL DOCUt-vfENTA TION FROM THE COURTHOUSE). Brother option also applies. (Cf Returning players "MUST RETURN TO THE SAME TEAM", unless the parent or legal guardIan manages another team or parents request that a player be placed in the hat (0) Manager and coach MUST SIGN CONTRACTS EVERY YEAR TO QUALIFY TO COACH AT INTERNATIONAL WESTSIOE. SECTION 4: Sl:PERVISION OR TERMINATION rhe Board members, by a majority vote of those present at any duly constituted meeting, shall have the authority to discipline, suspend or terminate any Manager/Coach or any other individual who is charged with misconduct. (A) Acts of serious misconduct shall include, but not be limited to; the use of profanity or violence toward any player(s), parents. other managers, or coaches, umpire or any League official; the use of Alcoholic beverages; the misreporting of player absences; or the abuse of authority such as imposing on any team member for personal gain or self-interest. (B) Charges of misconduct shaH be handled as follows: Any individual who reports serious misconduct of an individual shall be asked to appear before the Board members, with the accused not present A fier hearing the charges, the Board members shall invite the accused individual to make any rebuttal statements he/she may desire to the Board. The accused may bring up to three ( 3) others to speak in hislher behalf. When the Board members have completed it's hearing, a vote shall be discussed. Should dismissal be approved, the President shall notify the individual concerned. Serious misconduct shall be an immediate suspension until the necessary Board members meeting is held to hear arguments. If you are removed by law enforcement, then you will be suspended. (See Article VIII, Section 3) SECTION 5: Any Manager/Coach that recruits a team and leaves IWS will not be eligible to coach at IWS until approved by Board members to return. SECTION 6: Shetland and Pinto divisions will have a two (2) hour time limit on practices. Your team may practice, as many days of the week as you feel is necessary except on Sundays. Mustang will practice no more than three (3) hours per day. SECTION 7: Coaches are required to practice on IWS designated fields. Coaches are required to call the player agent of their division, and let them know what field they will use. SECTION 8: NO COACHESrrEAMS may begin to practice until after draft, at the time of draftt Managers/Coaches will be told when they may begin practices. If caught, the Coach will be suspended for one (I) year. ARTICLE XV: PLAYER REGISTRATION SECTION 1: To be eligible to play at IWS during any given season, a player must have been 14 properly registered that year. NOTE: Even though a player is a returning member of a team and therefore does not have to attend trvouts, he/she must still register by the official deadline. SECTION 2: Registrar and Player Agent shall be responsible for the registration of players, ;;uch as: the responsibility 1)[ preparation of registration schedules, announcement, and distribution of registration schedules, and scheduling of volunteers to help in registration. SECTION 3: A player is considered properly registered when a PARENT OR LEGAL GUARDIAN, has turned in the following documents, properly completed, to the IWS Officials Dr their representatives. (A) RegistratIOn/Release card: To be properly completed, the Registration/release card must be signed by at least one PARENT AND/OR LEGAL GUARDIAN. (B) Verification of date of birth: Date of Birth shall be verified from Legal Birth Certificate. When Legal Birth Certificates are unattainable: hospital certificates, baptismal certificates, or eqUIvalent religious or legal documents may be accepted pending approval of Registrar and president. (C) Parents have signed a Code of Conduct form. (D) Proof of residence will be required when and if the player(s) make it to the all-stars, ifboundaries exist. SECTION 4: ANY PLAYER (S) THAT LEAVE IWS UNDER A TEAM CONCEPT AND GOES AND PLAYS AT ANOTHER LEAGUE, MAY ONLY RETURN TO IWS AS A PLAYER GOING THROUGH DRAFT OR AS A HAT PICK. HE/SHE MAY NOT COME BACK AS AN OPTION PLAYER. ARTICLE XVI: PLAYER ELIGIBILITY SECTION 1: Any player ages 5 through 10 years (as of July 31 st of the current year) may play for IWS. 4 year olds must be age four by March 1 sl to be accepted for the "Four Year Old" Program at IWS ARTICLE XVII: TRYOUTS SECTION 1: The Player Agents shall be responsible for scheduling and conducting tryouts with approval from the Board members. SECTION 2: At least one (1) tryout session shall be scheduled for each age group. (Except Shetland) SECTION 3: All registrants unless legally excused in advance by the Player Agent with approval from the President shall attend at least one (1) tryout to be eligible for the draft. (A) SonsIDaughters or wards of Managers/Coaches when playing in the same division as their managing or coaching parent or guardian will be legally excused from tryouts. (MUST HAVE LEGAL DOCUMENTATION FROM COURTHOUSE.) (1 ) All team options shall also be excused from tryouts. (B) All registrants returning to a team from the preceding year will not be required to tryout. 15 ARTICLE XVIII: PLAYER ASSIGNMENT AND POOL SECTION 1: Every registrant will eventually be assigned to a team. There will be "NO REFUNDS" (ONL Y EXCEPTION WILL BE FOR MEDICAL EXCUSES OR F AMIL Y EMERGENCIES THAT ARE APPROVED BY THE BOARD MEMBERS.) SECTION 2: Once a player has been assIgned to a team, he/she shall remain on that team for as ong as he/she remains III that divisIOn. (AI UNLESS a parent or legal guardian manages a team, then the player will go to the team that the parent or legal guardian manages, using a team option. I B) All returmng players must be registered before the draft. If a returning player fails to register before the draft of the current season, he/she will be placed back on the same team if room permits. If there is no room on that team, then player shall be placed on the waiting lIst. (C) The order of the draft shall be III reverse order as the order of fmish in the preceding Year over-all record. The team, which finishes last, will draft first in the first round \lid first in each succeeding round: therefore until reaching its current team limit. Every effort shall be made to achieve maximum-age-per-division parity. If after all Players have been selected, teams are still short of their current year team limit, the 'James and numbers of aU non try-out players for that division shall be placed in a hat By age group and drawn in drafting order until all teams have the current year limit or ( Jntil all available players have been selected. After such process, any players left ( Tnselected will be placed on a waiting list. ( I ) Players drawn from a hat cannot cause a team to exceed or fall short of the . . . maXlmtull or mIrumums SECTION 3: Automatic draft choices shall be as follows: (A) Sons/Daughters or wards shall be drafted as prescribed in ARTICLE XIV, SECTION 3 (b). Team will not exercise option 1 & 2 if these players are on the Team the 2nd year (Returning players to the same team.) ( I) A registrant playing for the first time who is a brother of a returning player to that same division shall be automatically placed on the team using the brother option. (B) All options will be declared one week prior to the try-outs. DRAFT METHOD OPTION 1- Shall be used on any player as long as the player is not a returnee to any Team. You shall burn your 5th round pick in the draft if you use this option. The option shall remain burned as long as player is on team for two years. OPTION 2-Shall be used on any player as long as the player is not a returnee to any team. You shall burn you I st pick in the draft if you use this option. The option shall remain burned as long as player is on team for two years. OPTION 3-Shall be used on any player as long as the player is not a returnee to any team. You shall bum you 3rd round in the draft if you use this option. The option shall renew itself every year. OPTION 4 (SHETLAND ONL Y)- Shall be used on any player as long as the player is not a returnee to any team. You shall burn your 4th round pick in the draft if you use this option. This option shall renew itself every year. 16 OUTSIDE OPTION- shall be used on any player that has not played or been rostered on my 1. W.S. team the prior regular season. You shall burn your 12t1i (or last) round in the Jraft if you use this option. This option shall renew itself every year. SECTION 4: The Player Agent shall operate the player pool for each division in the following manner i ,\) Players In the pool (waiting list) shall be only those who did not attend one (1) tryout and were not legally excused, and those who were not duly picked from a hat at the draft and those who registered after the draft. I B) Players names will be placed on a waiting list and will be placed as deemed necessary to teams who require players, the order of selection will be based on draft selection or if a team is below the current year team limit. SECTION 5: TRADING WILL BE ALLOWED OF DRAFTED PLAYERS ONLY. ALL RETURNING PLAYERS SHALL RETURN TO THE SAME TEAM. (A) For players ages 5 through 8 (Shetland & Pinto) there will be a Coach-oriented and recruited draft. The coach will be allowed to draft as many as thirteen (13) players (recognizing that no more than eight (8) players of maximum-age-per-division are allowed on any team). Players that are" not recruited" shall be placed in a waiting list. (8) All teams will get a first round draft in reverse order as the order of finish in the preceding year. (NOTE EXPANSION TEAMS WILL DRAFT LAST OF THE FIRST ROUND THIS APPLIES TO ALL DIVISIONS). The player's names that did not make one (1) tryout will be put in a hat and drafted by age as needed. DRAFT RULES 1. All teams must meet PONY league and IWS requirements. 2. All teams must not exceed 8 players of the maximum age group in their division. If a team drafts over 8 players of the minimum age group of the division the following year they must drop the exceeding player or players. They shall be removed in the opposite order they were acquired. The player or players that were acquired by any means after the team drafted 8 players of the minimum age group shall be removed. The player or players shall be placed in a hat or be optioned out to another team, The exceeding player or players do not have to be dropped until the original 8 players return to the team. 3. You will have 4 options in Pinto and Mustang, 5 options in Shetland. 4. Options will be used in accordance with their availability. 5. Options must be used in numeric order: option], option 2, option 3 etc. 6. A player with a bro/sis returning to a team shall be automatically on their bro/sis team as a returnee player. 7. A child or ward of any manager shall be placed automatically on their team and will burn the next available option. If manager has multiple children they will burn the next available options, if manager exceeds hislher options with their children the remainder of the children will be placed on as a returning player. . 17 SECTION 6: OUTSIDE OPTION MUST NOT HAVE PLAYED AT IWS WITHIN ONE (1) YEAR AND TEAM \VILL FORFEIT LAST ROUND DRAFT PICK. ARTICLE XIX: MANDA TORY PLA YING RULES PLA YER PLAYING TIl\IE SECTION 1: EVERY MANAGER/COACH MUST FOLLOW THE MANDATORY PLAYING RULES AS STATED IN IWS BY-LAWS LISTED BELOW. ( :\) Prior to the start of each game, the manager of participating teams shall prepare at least two (2) identical copies of an official batting order-containing information mdicated below. (A copy shall be given to the opposing manager and official scorekeeper at least ten (10) minutes before the start of the game.) (1) 1be names and corresponding numbers of all players as registered on the team roster. If any players are in a status that will keep them from playing (example: illness, disciplinary action, etc.), appropriate annotations to include such status will be made in parenthesis following their name. (8) Managers will bat the entire roster, in order, in Shetland and Pinto and nine (9) players on the I ine-up for mustang during the game. Any player arriving after the batting line-up has been prepared will be placed at the bottom of the batting order. ((') When the last player on the roster has batted, the batting order shall start at the top. (l)) Defensive substitutions will be alternated every inning. No defensive player shall be on the bench two (2) consecutive innings. Failure to comply with this rule will result in automatic "MANAGER" suspension for one (1) game. (t;) There will be no defensive substitutions or changing of positions during an inning unless of mj ury (I) Appropriate League officials shall make every effort to inform a team manager when It appears that player partiCIpation rules are about to be violated. However, the team manager shall be solely responsible for compliance with these rules, whether a League Official notifies himlher that a violation is imminent or not. (Cl) Players who become ill or injured and are unable to continue a game shall be exempt from mandatory playing rules. An out will "NOT" be recorded in this case, in the batting order. (H) Players who are benched for disciplinary reasons as approved prior to the game, shall be exempt from mandatory playing rules. The disciplined players may not enter the game for any reason. (I 1 Any player not ejected or benched may be substituted for any other player unable to continue in the game due to injury or illness, if no other eligible substitute is available (J I Offenses of these rules shall be considered as serious misconduct and handled accordingly including disciplinary action and/or dismissal of Manager. MANAGER WILL BE SUSPENDED FOR ONE (1) GAME IF THE ABOVE RULES ARE NOT FOLLOWED IN EACH DIVISION A T INTERNATIONAL WESTS IDE. ARTICLE XX: GAMES SECTION 1: A regulation game shall be any of the following: 18 IA) Shetland: One 0) hour or five (5) innings, whichever comes first? IB) Pinto: One (1) hour and (15') fifteen minutes or five (5) innings, whichever comes tirs!. ((' Mustang One: I) hour and (30) thirty mInutes or six (6) innings, whichever comes first (D) IF TIME LIMIT HAS BEEN REACHED, INNING IS COMPLETE AND IT'S A TIE, THE GAME WILL REMAIN A TIE (E) A game to which one (1) team has a ten (l 0) run advantage after four (4) innings (3- '4 home team is a head for Mustang division) the game will be called. IF) A decision(s) of the umpire shall be considered final. (Unless the game is protested.) i (}) All games, which are terminated/postponed, shall be rescheduled on the first available day with board approval. ARTICLE XXI: GAME OFFICIALS SECTION 1: The Chief Umpire shall be a member of a duly recognized baseball officials association SECTION 2: There shall be two (2) umpires for each game, if at all possible (with the exception of Shetland and Pinto division). In the games, at least one (1) umpire shall be a member of a duly recognized baseball official association. The second umpire should be a board member with no interest in that Division. SECTION 3: Each player will be issued a uniform of a T-shirt and hat. Only League issued uniforms will be allowed worn by any IWS team during spring season. Every player must be in complete uniform to participate in any League game. Protective headgear must be worn when batting and running. SECTION 4: At the end of the season: IT IS THE RESPONSIBILITY OF EACH COACH I.Q.JETURN ALL EQUIPMENT ON THE NIGHT OF THEm FINAL GAME OR IHJY WILL BE REPRIMANDED. SECTION 5: Only official baseball bats may be used in League games and handles must be taped. SECTION 6: Playing Fields Dimensions-refer to Pony Baseball Rules and Regulations Booklet. ARTICLE XXII: AMENDMENTS THIS CONSTITUTION MAY BE AMENDED, REPLACED, OR ALTERED IN WHOLE OR IN PART BY A TWO- TIDRD VOTE AT ANY DULY ORGANIZED MEETING. ALL AMENDMENTS SHALL BE SUBMITTED TO PONY BASEBALL, INC. AND TO THE PARKS & RECREATION DEPARTMENT FOR THEIR RECORDS. APPROVED BV INTERNATIONAL WESTSIDE BOA F DIRE ORS ~ ,~,I ~ ~.~ R en M. Riojas, League Presi ot 19 LOCAL RULES FOR "FOUR YEAR OLD" PROGRAM fhis is a set of rules governing pIa) for the "Four Year Old" Program at INTERNATIONAL WESTSrDE These rules are in concurrence with IWS Constitution and by-laws. RULE] : TEAMS ( i\l Team roster shall not exceed 9 players, RULE 2: LEGAL PLAYERS \.:\ Players shall be Four Years Old as of July 31 st. RULE 3: EQUIPMENT (A) The League Wlll provide I-shirt and cap for each player. Only League issued uniforms will he allowed worn by any IWS team during spring season. Uniform pants will be worn during games and provided by team members. (B) All batters and base runners shall wear batting helmets. Catchers shall wear batting helmets when playing defense (e) With the exception of bats and gloves, all equipment not issued by IWS shall meet baseball safety approval. (D) Bats shall be T -ball bats only (E) Equipment, not in actual use, must remain inside the dugouts at all times. RULE 4: LENGTH OF GAMES (A) Regulation games shall be forty-five minutes. (B) All players will bat every inning per side. Inning ends when last batter on team has stopped advancing the bases. (e) No new innings shall start later than forty-five minutes after the actual starting time of the game. (D) On days when several games are scheduled, the second and successive games shall start as near to starting time as possible. (F) The umpire behind home plate shall keep the official time for each game. (G) No new inning will begin five (5) minutes prior to time limit! RULE 5: COMPLETE GAME (A) An inning, once started, shall be completed unless terminated by the umpire because of inclement weather or failure of proper lighting. (B) If a game is called for any reason, it will not be rescheduled. (e) No official score or standings \-viII be kept in the "Four Year Old" program. RULE 6: POSTPONED GAMES (A) All games that are terminated/postponed shall be rescheduled on the first available date. (B) Times and dates of scheduled games, where holidays or special occasions are involved may be changed after Board approval. RULE 7: COACIDNG (A) One coach may stand near his defensive players to give advice, but must not interfere with play. He/she shall be allowed in the outfield area throughout the game for instruction purposes. It is recommended that each team have at least (4) coaches: one 20 coach at third, one at first, ,md hvo coaches will keep order in the dugout and keep up with the batting order. All other adults shall remain behind the fence. RULE 8: TEAM DUTIES IA) The Home team shall be responsible for setting out bases and visiting team will mark the field before the first game of the day. i B) After the last game, BOTH teams shall be responsible for picking up and storing the bases JOd dragging the skinned areas of the playing field. NOTE: BOTH TEAMS WILL C'OORDINA TE Dl JTIES BEFORE AND AFTER THE GAME OR COACHES WILL BE SUSPENDED. i C) Trash will be picked up around the bleachers and dugout areas by each team after every game. (D) FAILURE TO DO ANY OF THE ABOVE ARE GROUNDS FOR MANAGERS TO BE SUSPENDED FROM THE NEXT SCHEDULED GAME. RULE 9: UMPIRES (A) There will be one (I) umpire for each game. (B) Umpires should be members of a duly recognized baseball officials association. RULE 10: PLAYING RULES (A) There will be six (6) players on the field. (B) The ball shall not be pi tched, but will be hit off a tee that shall be set on home plate. It shall be the umpire's responsibility to move the batting tee from the plate area every time the ball is hit into fair play. The pitcher must stay on the pitching mound until the ball is hit. The umpire will place the tee height to accommodate the batter. (C') The batter shall not be allowed to bunt and may not take a half-swing or swinging bunt. If, m the umpire's judgment, the batter was not taking a full swing, the batter may be called back and a strike called. A bunt will be an out and no runners may advance (D) Managers are to instruct theIr batter not to" THROW" bats. (1") Leading off and base stealing is prohibited. Runners may not advance, except on a fair hit ball. (Fl Base Running (1) Runners must stay in contact with the base until the ball is hit. (2) Play is stopped when a fair hit ball is thrown back to pitcher and the pitcher has control of the ball inside the pitching circle, or an infielder has control of the ball and the base runner cannot advance. If, in the judgment of the umpire, a runner had advanced safely more than halfway to the next base, such runner or runners will advance to the next base and play will be stopped (3) Infielder must have possession ofthe ball to be considered a" DEAD BALL." (H) FOUL BALLS ( I) The batter will be allowed to swing at the ball, which must be in fair territory at least ten (10) feet in front of the home plate. A I O-foot radius line, from the back comer of home plate will be marked from foul line to foul line. If the ball is missed, hit foul, or does not travel the required ten (10) feet, it is a foul ball and a strike to the hatter. 21 in STRIKE-OUTS (1) A batter will not strike out. The coaches will encourage the batter to swing until he/she has made contact with the ball and has advanced to first. RULE 11: REQUIRED PLAYERS PARTICIPATION (A) Prior to the start of each game, the manager of participating teams shall prepare at least two I 2) identical copies of an official batting order containing information indicated below. A copy shall be given to the opposing manager and official scorekeeper at least ten (10) minutes before the start of the game. (1) lbe names and corresponding numbers of all players as registered on the team Roster. If any players are In a status that will keep them from playing (ex: illness, disciplinary action etc.) Appropriate notations to include such status will be made in parenthesis following their name. (B) Managers will bat the entire roster, in order, during the game. Any player arriving after the batting line-up has heen prepared will be placed at the bottom of the batting order. (C) When the last player on the roster has batted, the batting order shall start at the top. RULE 12: DISCIPLINARY ACTION Will be dealt with on a case- by- case basis by League Officials. RULE 13: TIME-OUTS Will be allowed for instructlOnal purposes RULE 14: PROTESTS No protest will be allowed. RULE 15: TOBACCO, AI,COHOL AND PROFANITY NO SMOKING OR ALCOHOLIC BEVERAGES ON THE PREMISIS IS ALLOWED. NO PROFANITY ON THE FIELD, DUGOUT OR STANDS WILL BE TOLERATED. COBE OF CONDUCT WILL BE ENFORCED! ***A MANAGER, COACH, PARENT-HELPER, OR PLAYER EJECTED FROM A GAME MUST LEAVE IWS. HE/SHE WILL BE SUSPENDED FOR THE NEXT SCHEDULED GAME. Ruben M. Riojas, League President Alex Ayala, League Vice-President 22 LOCAL RULES FOR SHETLAND LEAGUE fhe followmg is .m addendum to the published Pony Baseball Rules and Regulations for Shetland. This is a set of rules governing play for the Shetland Division at INTERNATIONAL WESTSIDE. These TIlles are in concurrence with IWS Constitution and by-laws. RULE I: TEAMS (A) Team roster shall not exceed] 3 players. RULE 2: LEGAL PLAYERS (/\) Players shall be of League ages five (5) and/or six (6). (B) League age is that age attained by a player prior to July 31 st of the current year. RULE 3: EQUIPMENT (A) The League will provide T-shirt and cap for each player. Only League issued uniforms will be allowed worn by any IWS team during spring season. Uniform pants will be worn during games and provided by team members. (B) All batters and base runners shall wear batting helmets. Catchers shall wear batting helmets when playing defense. (C) With the exception of bats and gloves, all equipment not issued by IWS shall meet baseball's safety approval. (D) Bats shall not be more than two and three-fourths inches (7.0cm) in diameter at neither the thickest part nor more than forty-two (42) inches in length are Acceptable. (El Equipment, not III actual use. must remain inside the dugouts at all times. RULE 4: LENGTH OF GAMES (A) Regulation games shall be five (5) innings or one (1) hour; which ever comes first! The uncatchable rule may apply. (The losing team is mathematically eliminated.) Tie games, for league standing purposes, shall be counted as t game won and ~ game lost for each team. Only games scheduled as tiebreakers in final league standings and for post season playoffs may exceed six (6) innings. (B) A maximum of five (5) runs per inning will be in effect for the first four (4) innings. The fifth (5) will have a maximum of ten (10) runs per team. (C) Five (5) runs or three (3) outs consists a side change. Ten run rule in affect, after 3 -1/2 innings. (D) No new innings shall start later than one hour after the actual starting time of the game. The beginning of each successive inning officially begins immediately after the last out of the previous inning. If time runs out during play, the complete inning will be finished. (E) On days when several Shetland games are scheduled, the second and successive games shall start as near to starting time as possible. (F) The umpire behind home plate shall keep the official time for each game. (G) No new inning will begin five (5) minutes prior to time limit! RULE 5: COMPLETE GAME 23 (D) An inning, once started. shall be completed unless tenninated by the umpire because Of inclement weather or failure of proper lighting. ( E I If a game is called for any reason, it is a completed game if three (3) innings have been completed. or if the home team has scored more runs in two innings than the visiting team has scored in the full three (3) innings. ! F) When the umpire terminates a game with an inning only partially completed, then you go back to last complete mning and game is final, as long as 2 innings have been completed RULE 6: POSTPONED GAMES (C) All games that are terminated/postponed shall be rescheduled on the first available date. (D) Times and dates of scheduled games, where holidays or special occasions are involved may be changed after Board approval. RULE 7: COACmNG (B) One coach may stand near his defensive players to give advice, but must not interfere with play. He/she shall be allowed in the outfield area for the first four (4) weeks and may not touch any player. It is recommended that each team have at least ( 4) coaches: one coach at third, one at first, and two coaches will keep order in the dugout and keep up with the batting order. All other adults shall remain behind the fence. RULE 8: TEAM DUTIES (F) The Home team shall be responsible for setting out bases and visiting team will mark the field before the first game of the day. (F i The Home team shall provide an official scorekeeper for the game, which will keep score in the press box. The official score book must remain in the Shetland press box. If a scorebook is complete, please turn it in to the concession stand. Home team score book will be considered the official score book and final authority in any scoring dispute. (G) After the last gam~, BOTH teams shall be responsible for picking up and storing the bases and dragging the skinned areas of the playing field. NOTE: BOTH TEAMS WILL COORDINATE DUTIES BEFORE AND AFTER THE GAME OR COACHES WILL BE SUSPENDED. (H) Trash will be picked up around the bleachers and dugout areas by each team after every game. (I) FAILURE TO DO ANY OF THE ABOVE ARE GROUNDS FOR MANAGERS TO BE SUSPENDED FROM THE NEXT SCHEDULED GAME. RULE 9: UMPIRES (C) There will be one (1) umpire for each game. However, two umpires will be provided to detennine tiebreakers in final league standings and for championship games. (D) Umpires should be members of a duly recognized baseball officials association. However, if necessary, the second umpire should be a board member with no interest in that Division. 24 RULE 10: PLAYING RULES ((1l There will be ten (10) players on the field. Defensive substitution must be made every other inning. ! f-f) A team must have a mmimum of nine (9) players to play the game and may finish the game \\'ith nine (9). but the tenth ( 10th) batter will be an automatic out, unless the tenth (10th.) player sho\Y-s up prior to 2 and a half or 3 complete innings. The ball shall not be pitched, but will be hit off a tee that shall be set on home plate. It shall be the umpire's responsibility to move the batting tee from the plate area every time the ball is hIt into fair play. The pitcher must stay on the pitching mound until the ball is hit. The umpire will place the tee height to accommodate the batter. (\ The hatter shal I not be allowed to bunt and may not take a half-swing or swinging bunt. If III the umpire's judgment, the batter was not taking a full swing, the batter may be called hack and a strike called. A bunt will be an out and no runners may advance (K) Managers are to instruct their batter not to" THROW" bats. (I) Leading off and base stealing is prohibited. Runners may not advance, except on a fair hit ball. (M) Base Running (1) Runners must stay in contact with the base until the ball is hit. (2) Play is stopped when a fair hit ball is thrown back to pitcher and the pitcher has control of the ball inside the pitching circle, or an infielder has control of the ball and the base runner cannot advance. If, in the judgment of the umpire, a runner had advanced safely more than half way to the next base, such runner or runners will advance to the next base and play will be stopped (3) Infielder must have possession of the ball to be considered a" DEAD BALL." (I-H OUTFIELDERS (1) Must remain on the grass outfield area. (2) Outfielders may not cal1 time out if they have ball in possession. (I) FOUL BALLS (2) The batter will be allowed to swing at the ball, which must be in fair territory at least ten (10) feet in front of the home plate. A 1 Of oat radius line, from the back comer of home plate will be marked from foul line to foul line. If the ball is missed, hit foul, or does not travel the required ten (10) feet, it is a foul ball and a strike to the batter. (II STRIKE-OUTS (2) A batter shall be allowed three (3) swings. If, on the third strike the ball is not struck, the batter shall be called out. If on the third strike the ball is fouled or the batting tee is struck, the batter shall be entitled to one (1) additional swing. RULE 11: REQUIRED PLAYERS PARTICIPATION (D) Prior to the start of each game, the manager of participating teams shall prepare at least two (2) identical copies of an official batting order containing information indicated below. A copy shall be given to the opposing manager and official scorekeeper at least ten (10) minutes before the start of the game. ! 1) The names and corresponding numbers of all players as registered on the team 25 Roster If any players are in a status that will keep them from playing (ex: Illness, disciplinary action etc.) Appropriate notations to include such status will Be made in parenthesis following their name. \ m Managers will bat the entire roster, in order, during the game. Any player arriving after the batting line-up haq been prepared will be placed at the bottom of the batting order. (F) When the last player on the roster has batted, the batting order shall start at the top. IOl Defensive substitutions will be alternated every inning. No defensive player shall be on the bench for two (2) consecutive innings, Failure to comply with this rule will result in disciplmary action for the manager who will be suspended from the next game. (H) There will be no defenSive substitutions or changing of positions during an inning, Appropriate league ufficials shall make every effort to inform a team manager when it appears that player participation rules are about to be violated. However, the team manager shall be solely responsible for compliance with these rules, whether or not League officials notify him that violation is imminent. RULE 12: DISCIPLINARY ACTION (A) A player may be placed on disciplinary status only after approved by the board. (B) Coach must notify the player agent of such action taken on player and give reason. (e) A player cannot be placed on disciplinary status after the game has started. RULE 13: TIME-OllTS Offensive team will be allowed one ( 1) time-out per inning. Defensive team will be allowed one {I) time-out per inning. RULE 14: PROTESTS Manager must notify umpire that he is playing the game under protest. The official scorekeeper will note it in the scorebook. (The time, inning, score, batter and what's being protested) RULE 15: TOBACCO, ALCOHOL AND PROFANITY NO SMOKING OR ALCOHOLIC BEVERAGES ON THE PREMISIS IS ALLOWED. NO PROFANITY ON THE FIELD, DUGOUT OR STANDS WILL BE TOLERATED. CODE OF CONDUCT WILL BE ENFORCED!! NOTE: MLB rules apply unless otherwise noted in above by-laws. *** A MANAGER, COACH, PARENT -HELPER, GAME MUST LEAVE IWS. HE/SHE WILL SCHEDULED GAME. " JECTED FROM A FOR THE NEXT 26 LOCAL RULES FOR PINTO LEAGUE f'he followmg is an addendum to the published Pony Baseball Rules and regulations for Pinto. This is a set of Rules governing play for the Pinto Division at INTERNATIONAL WESTSIDE. these rules are III concurrence with the rws Constitutions and by-laws. RULE 1: TEAMS (AI ream roster shall not exceed [) players. RULE 2: LEGAL PLA YERS (A) Players shall be !Jfleague age 7 and 8. (B) League age is that age attained by a player prior to July 31st of the current year. RULE 3: EQUIPMENT (A) The League will provide I-shirts and caps for each player. Only League issued uniforms (caps & shirts) will be allowed worn by any IWS team during spring season. I Jniform pants will be worn during games and provided by team members. (B) All batters and base runners shall wear batting helmet. (C) Catchers shall wear approved protective gear, including protective cup. (D) With the exception of bats and gloves, all equipment not issued by IWS shall meet safety approval. (E) Bats shall not be more than two and three-fourths inches (7.0cm) in diameter at neither the thickest part nor more than forty-two (42) inches in length are acceptable. T -ball bats will not be allowed in Pinto Division. (F) All equipment, not in actual use, must remain in the dugout at all times. RULE 4: LENGTH OF GAMES (A) Regulation games shall be five (5) innings or one hour and fifteen minutes, which ever comes first, the uncatchable rule may apply. (The losing team is mathematically eliminated). Tie games, for league standing purposes, shall be counted as half 12 won and half Y2 loss for each team. Only games scheduled as tiebreakers in final League standing and for post season playoffs may exceed six (6) innings. (B) A maximum of five (5) runs per inning will be in effect for the first four (4) innings. The fifth (5) will have a maximum of ten (10) runs per team. (C) Five (5) runs or three (3) outs consist a side change. Ten run rule in effect, after the 3- I.' . /2 mmngs. (D) No new inning shall start later than one hour and fifteen minutes after the actual starting time of the game. The beginning of each successive inning officially begins immediately after the last out of the previous inning. If time runs out during play, the complete inning shall be finished. (E) On days when several Pinto games are scheduled, the second and successive games shall start as near to starting time as possible. (F) The umpire behind home plate shall keep the official time for each game. (0) No new inning shall begin five (5) minutes prior to time limit! RULE 5: COMPEL TE GAME (A) An inning, once started, shall be completed unless terminated by the umpire because of inclement weather or failure of proper lighting. 27 (Bl Ifa game is called for any reason, it is a complete game if three (3) innings have been completed, or if the Home team has scored more runs in two (2) innings than the visiting team has scored in it's full three (3) innings at bat. (r When the umpire terminates a game with an inning only partially completed, then you go back to last complete inning and game is finaL as long as 3 1/2 innings have been completed. RULE 6: POSTPONED GAMES (A) All games that are terminated/postponed shall be rescheduled on the first available date (B i Times and dates of scheduled games, where holidays or special occasions are involved may be changed after Board approval. RULE 7: COACHING (A I Two coaches wi II be allowed on the playing field when on defense, but will remain by dugout area. (El Offensive managers and coaches may coach base runners at first and third bases, but must not assist a runner; child will be out, if this happens. (el It is recommended that each team have at least four coaches. One coach will be the pitcher; one at third, one at first, and the fourth coach will keep order in the dugout and keep up with the batting order and remain behind the fences. RULES: TEAM DUTIES (A) The Home team shall be responsible for setting out bases and visiting team will mark the field before the first game of the day. (B) The Home team shall provide an official scorekeeper for the game, which will keep score in the press box. The official score book must remain in the press box. If the scorebook is complete; please turn it into the concession stand. Home team scorebook will be considered the official scorebook and final authority in any scoring dispute. (Ci After the last game, both teams shall be responsible for picking up and storing the bases and dragging the skinned areas of the playing field. NOTE: BOTH TEAMS WILL COORDINATE DUTIES BEFORE AND AFTER THE GAME OR COACHES WILL BE SUSPENDED. (D) Trash shall be picked up around the bleachers and dugout area by each team after every game. (E) FAILURE TO DO ANY OF THE ABOVE ARE GROUNDS FOR MANAGERS TO BE SUSPENDED FROM THE NEXT SCHEDULED GAME. RULE 9: UMPIRES (A) There will be one umpire for each game. However, two umpires will be provided to determine tiebreakers in final league standings and for championship games. (B) Umpires should be members of a duly recognized baseball officials association. However, if necessary, the second umpire should be a board member with no interest in that Division. RULE 10: PLAYING RULES (A) Ten (10) players shall be used on defense, the tenth player to be a fourth outfielder, not a rover 28 (Bl A team must have a minimum of nine (9) players to play the game and finish the game with nine 9), but the tenth (lOth) batter will be an automatic out, unless the tenth (lOth) player show8 up prior to 2 1/2 or 3 complete innings. (C! There will be no infield Hy rule (D) The Pitcher-Coach: (I) The offensive coach will pitch to his/her own team. (2) The defensive player-pitcher will stand within the circle. (One foot in/out) (3) The ball shall be thrown over-handed, not underhanded. (4) When the ball is hit, the coach-pitcher will immediately leave the playing area opposite from the hit ball. (5) The coach-pitcher may return after the umpire calls time. (6) There will be no substitution of the coach-pitcher in an inning unless of an injury. (7) The coach-pitcher shall not talk to the batters; base coaches or runners. Hand- Motions may be used to position the batter. (8) If a ball hits the coach-pitcher, the ball is dead, and it's a strike against the batter. Runners do not advance. If it is the fifth pitch, the batter is out. (9) If the coach-pitcher interferes with the play in any way, the batter is automatically Called out. (This is a judgment call made by the umpire.) (E) The catcher: ( 1) The catcher will be a member of the defensive team. (2) His/her position will be directly behind home plate. (3) The catcher \\-ill return the pitched ball to the coach-pitcher as quickly as possible to avoid delaying the game. (F) The batter: (1) The batter will receive five (6) pitches or three (3) swing-misses. (2) If the batter has not hit a fair ball within the maximum number of pitches, or has Three (3) swing-misses, the umpire will call the batter out. ( 1) There will be no walks or free bases because of a hit batter. (4) Batters are not allowed to bunt or swing easy at the ball. PENALTY: The batter Will be called out. (5) After each batter, the umpire will call time after the infield has the ball under Control and the runners have stopped. (0) Base Runners: ( 1) Runners may advance until the umpire calls time out, once an infield player is Controlling the ball, until then it is a live ball. (2) The runner cannot lead off the base until the ball has been hit. PENALTY: The Umpire shall call the runner out and play is immediately dead. All results of a hit ball are canceled. The batter shall hit again with the same count as before the hit, or lead off the next inning with no count if the out constitutes the third out of the mmng. (3) There will be NO STEALING OF BASES. (4) A runner scoring from third base will slide going home if a play is being made at Home. Failure to slide is an" out" on the judgment of the umpire. RULE 11: REQUIRED PLAYERS PARTICIPATION (A) Prior to the start of each game, the manager of participating teams shall prepare at Least two (2) identical copies of an official batting order-containing information Indicated below. A copy shall be given to the opposing manager and official 29 score keeper at least ten (10) minutes before the start of the game. ( I) The names and corresponding numbers of all players as registered on the team Roster. If any players are in a status that will keep them from playing (ex: Illness, disciplinary action etc.) appropriate notations to include such status will be made III parenthesis following their name (B) Managers will bat the entire roster, in order, during the game. Any player arriving after the batting line-up has been prepared will be placed at the bottom of the batting order. (e) When the last player on the roster has batted; the batting order shall start at the top. (D) Defensive substitutions will be alternated every inning. No defensive player shall be on the bench two (2) consecutive mnings. Failure to comply with this rule will result in disciplinary action for the manager and will be suspended, from the next game. (E) There will be no defensive substitutions or changing of positions during an inning, Appropriate league officials shall make every effort to inform a team manager when It appears that player participation rules are about to be violated. However, the team manager shall be solely responsible for compliance with these rules, whether or not a league official that violation is imminent notifies him. RULE 12: DISCIPLINARY ACTION (A) A player may be placed on disciplinary status only after approved by the Board. (B) Coach must notify the player agent of such action taken on player and give reason. (e) A player cannot be placed on disciplinary status after the game has started. RULE 13: TIME-OUTS Offensive team will be allowed one (1) time-out per inning. Defensive team will be allowed only one (1 ) time-out per inning. RULE 14: PROTESTS Manager must notify llillpire that he is playing the game under protest. The official scorekeeper will note it in the scorebook. (the time, inning, score, batter and what's being protested). RULE 15: TOBACCO, ALCOHOL, OR PROFANITY NO SMOKING OR ALCOHOLIC BEVERAGES ON THE PREMISIS IS ALLOWED. NO PROFANITY ON THE FIELD, DUGOUT OR STANDS WILL BE TOLERATED. CODE OF CONDUCT WILL BE ENFORCED!! NOTE: MLB rules apply unless otherwise noted in above by-laws. *** A MANAGER, COACH, PARENT-HELPER OR PLAYER EJECTED FROM A GAME MUST LEAVE IWS IMMEDIA TEL Y. HE WIL E SUSPENDED FOR THE NEXT SCHEDULED GAME. ~~~~ R.&en M. Riojas, League Presl(lent 30 LOCAL RULES FOR MUSTANG The following is an addendum to the published Pony Baseball Rules and Regulations for Mustang. This is a set of Rules governing play for the Mustang Division at INTERNATIONAL \VESTSIDE These rules are in concurrence with the IWS Constitution and by-laws. RULE 1: TEAMS Team roster shall not exceed 13 players RULE 2: LEGAL PLA YERS (A) Mustang players shall be ages 9 & 10. (B) League age is that age attained by a player prior to July 31 5t of the current year. RULE 3: EQUIPMENT (A) The League shall provide f-shirts and caps. Only League issued uniforms (caps & shirts) will be allowed worn by any IWS team during spring season. Uniform pants will be worn during games and provided by team members. (B) All batters and runners shall wear batting helmet. (C) Catchers shall wear approved protective gear, including protective cup. (D) With the exception of bats and gloves, all equipment not issued by IWS shall meet Safety approval. (E) Bats shall not be more than two and three fourths inches (7.0cm) in diameter at neither the thickest part, nor more that forty-two (42) inches in length are acceptable. The bat must be a baseball bat and not aT-bail or softball bat. (F) All equipment. not in actual use, must remain inside the dugout at all times. RULE 4: LENGTH OF GAMES (A) Regulation games for Mustang shall be one hour and thirty minutes or six innings, which ever comes first? The uncatchable rule may apply. (the losing team is mathematically eliminated) Tie garnes, for league standing purposes, shall be counted as half Vz won and half ~ loss for each team. Only games scheduled as tiebreakers in fmalleague standings and for post season playoffs may exceed six (6) innings. (B) Mustang: ten (10) run rule in effect after three and one half (3 t). (C) Mercy rule is after two complete innings. (D) No new inning shall start later than one hour and thirty minutes after the actual starting time of game. The beginning of each successive inning officially begins immediately after the last out of the previous inning. If time runs out during play, the complete inning shall be finished. (E) On days when several mustang games are scheduled, the second and successive games shall start as near to starting time as possible. (F) The umpire behind home plate shall keep the official time for each game. (G) No new inning shall begin five (5) minutes prior to time limit! RULE S: COMPLETE GAME (A) An inning, once started, shall be completed unless terminated by umpire because of Inclement weather or failure of proper lighting. 31 (B I If a game IS called for any reason, it is a completed game if three (3 1/2) or 4 innings have been completed for Mustang, or if the Home team has scored more runs in two (2) innings than the Visiting team has scored in the full three (3) innings at bat. (C When the umpire terminates a game with an inning only partially completed, then you go back to last (. omplete inning and gan1e IS final. as long as 3 innings have been ,.:ompleted. RULE 6: POSTPONED GAMES (A I All games that are terminated/postponed shall be rescheduled on the first available date. (Bl Times and dates of scheduled games, where holidays or special occasions are involved may be changed after Board approval. RULE 7: COACHING (A) Two coaches will be allowed on the playing field when on defense, but will remain by dugout area. (B) Offensive managers and coaches may coach base runners at first and third, but must not assist a runner; child will be out if this happens. (C) It is recommended that each team have at least three (3) coaches but no more than four \ 4). One coach at first base, one at third base and one to keep the batting order. RULES 8: TEAM DUTIES (A) The Home team shall be responsible for setting out bases and visiting team will mark The field before the first game of the day. (B) The Home team shall provide an official scorekeeper for the game, which will keep score in the press box. The official score book will remain in the press box. If a Scorebook is complete; please turn it into the concession stand. Home team scorebook will be considered the official scorebook and final authority in any scoring dispute. (C) After the last game, both teams shall be responsible for picking up and storing the bases and dragging the skinned area of the in field. NOTE: Both teams will coordinate duties before and after the game or coaches will be suspended. (D) Trash will be picked up around the bleachers and dugout area by each team after every game. (E) FAILURE TO DO ANY OF THE ABOVE ARE GROUNDS FOR MANAGERS TO BE SUSPENDED FROM THE NEXT SCHEDULED GAME. RULE 9: UMPIRES (A) There will be two (2) umpires scheduled for each game. However, if only one (1) is present, the game will be played. (B) Umpires should be members of a duly recognized baseball officials association. However, if necessary, the second umpire should be a board member with no interest In that Division. RULE 10: PLAYING RULES (A) Nine (9) players shall be used on defense. (B) A team must have a minimum of eight (8) players to play the game and finish the Game with nine (9), but the ninth (9th) batter will be an automatic out, unless the ninth player shows up prior to 3 and a half or 4 complete innings. If not then the game becomes a forfeit. 32 (C) Pitching rules ; 1) Pitcher can only pitch three (3) innings per game and six (6) innings per week. (2) One (1) pitch is considered one (l) inning. (3) After pitching in three (3) innings on the same calendar day, pitcher should have 40 hours afrest before pitching again. (4) Once removed from the line-up, a pitcher may return to the game but will not pitch again in the same game. RULE 11: REQUIRED PLAYERS PARTICIPATION (A) Prior to the start of each game, the manager of the participating teams shall prepare at least two (2) identical copies of an official batting order-containing information mdicated below. A copy shall be given to the opposing manager and official ( I) The names and corresponding numbers of all players as registered on the team roster. If any players are in a status which will keep them from playing (ex: Illness, disciplinary action, etc.) appropriate notations to include such status will be made in parenthesis following their names. (B) Managers will bat all players on the line up during the game. Any player arriving after the batting line-up has been prepared will be placed at the bottom of the batting order. (C) When the last player on the line-up has batted, the batting order shall start at the top. (D) Defensive substitutions will be alternated every inning. No defensive player shall be on the bench two (2) consecutive innings. Failure to comply with this rule will result in disciplinary action for the manager, who will be suspended for the next game. (E) There will be no defensive substitutions or changing of positions during an inning. Appropnate league officials shall make every effort to inform a team manager when it appears that player participation rules are about to be violated. However, the team manager shall be solely responsible for compliance with these rules, whether or not he/she is notified by league official that violation is imminent. RULE 12: DISCIPLINARY ACTION (A) A player may be placed on disciplinary status only after approved by the Board. (B) Coach must notify the player agent of such action taken on player and give reason. (e) A player cannot be placed on disciplinary status after the game has started. RULE 13: TIME-OUTS Offensive team will be allowed one ( 1) time-out per inning. The defensive team is allowed to call one (1) time-out, but if time is called for a second time in the same inning, then the defensive coach must replace the pitcher. RULE 14: PROTESTS Manager must notify umpire that he IS playing the game under protest. The official scorekeeper will note it in the score book. (The time, inning, score, batter and what's being protested). RULES 15: TOBACCO, ALCOHOL, OR PROFANITY NO SMOKING OR ALCOHOLIC BEVERAGES ON THE PREMISIS IS ALLOWED. NO PROFANITY ON THE FIELD, DUGOUT OR STANDS WILL BE TOLERATED. 33 COED OF CONDUCT WILL BE ENFORCED!! ***NOTE: MLB rules apply unless otherwise noted in above by-laws. i< ** A MANAGER, COACH, PARENT -HELPER OR PLA YER EJECTED FROM A GAME, MUST LEAVE IWS IMMEDIA TEL Y. HE/SHE WILL BE SUSPENDED FOR THE NEXT SCHEDllLED GAME. '" -, n M. Riojas, League Alex Ayala, League Vice-President 34 EXPANSION TEAMS SECTION 1: EXPANSION COACH (A i Coming in from the outside, coach will only use available options for that division. (See Article XVIII section 3) FUNDING IWS ACCOUNT: (AI The Complex Account shall be primarily responsible for major improvements. (B) In order to maintain good quality facilities, the complex funding requirements come first. CONCESSION ST AND OPERATIONS (A) The concession Stand manager is responsible for the concession stand expenditures And is responsible for weekly accountability. (B) The concession stand daily receipts will pay for the following: \ I) Umpires {2) All supplies to furnish the Concession stand. (3) Any hired help. (C) No one under the age of fifteen (] 5) shall be allowed to work in the Concession Stand. (D) NO SMOKING OR ALCOHOL SHALL BE ALLOWED IN THE CONCESSION STAND. (E) The amount of payment for the concession stand employee will be determined every season by the board. Paid employee is not allowed to be a voting board member. All IRS rules will be applied. SPONSORS: (A) ALL TEAMS ARE REQUIRED TO HAVE A SPONSOR. (B) The Sponsor money and name shall be turned into the Treasurer prior to the draft. (C) The Board shall determine sponsor fees, on yearly basis. (D) The manager will be suspended till sponsor fee is paid in full. 35 EXHIBIT 0 INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained B Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE 30-Day written notice of cancellation, material change, non-renewal or termination and a 10 day written notice of cancellation for non payment of premium is required on all certificates Commercial General Liability including 1 Commercial Form 2 Premises . Operations 3 Productsi Completed Operations Hazard 4 Contractual Liability 5 Broad Form Property Damage 6 Independent Contractors 7 Personal Injury LIQUOR LIABILITY COVERAGE If liquor being served MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence I aggregate $1,000.000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT _. G In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within ten (10) day of any aCCident. II. ADDITIONAL REQUIREMENTS A Certificate of Insurance The City of Corpus Christi must be named as an additional insured on the liability coverage, and a waiver of subrogation IS also required blanket If your Insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left" In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination and a 10 day written notice of cancellation for non-payment of premium is required B If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1 )-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1 )-(7) are Included or excluded 2006 International Westside Baseball League ins req 112-06 ep Risk Management