Each school district board shall determine its own policy as to whether or not its school buses will be rented or leased for the purposes of RCW
28A.160.080, and if the board decision is to rent or lease, under what conditions, subject to the following:
(1) Such renting or leasing may take place only after the director of commerce or any of his or her agents so authorized has, at the request of an involved governmental agency, declared that an emergency exists in a designated area insofar as the need for additional transport is concerned.
(2) The agency renting or leasing the school buses must agree, in writing, to reimburse the school district for all costs and expenses related to their use and also must provide an indemnity agreement protecting the district against any type of claim or legal action whatsoever, including all legal costs incident thereto.