Nevada § 386.839 - Agreement to lease school bus or vehicle belonging to school district for certain special events; requirements of agreement; requirements for use of leased school bus or vehicle; separate accounting required of amount above cost; use of money collected

§ 386.839. Agreement to lease school bus or vehicle belonging to school district for certain special events; requirements of agreement; requirements for use of leased school bus or vehicle; separate accounting required of amount above cost; use of money collected

1. The board of trustees of a school district may, except as otherwise provided in

subsections 5 and 6, authorize the school district to enter into a written agreement

to lease school buses or vehicles belonging to the school district for special events

that take place within the county in which the school district is located, provided

that such an agreement will not interfere with or prevent the school district from

furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815 . 2. If a school district enters into an agreement pursuant to this section, the agreement

must include, without limitation, a provision requiring the lessee to: (a) Provide a security deposit in an amount which is not less than 20 percent of the

estimated total amount of the fee set forth in the agreement; (b) Pay a fee in an amount which is not less than the total cost per mile for the

use of a school bus or vehicle to the school district, as determined by the transportation

department of the school district, if the school district has such a department, or

by the board of trustees, if the school district does not have such a department,

and any additional costs or expenses related to the use of the school bus or vehicle,

including, without limitation, fuel, wear and tear, maintenance, appropriate staffing,

administrative costs and an additional rental service fee; (c) Indemnify and hold the school district harmless against any claim, demand, judgment

or legal action, whatsoever, including, without limitation, any losses, damages, legal

costs or expenses incident thereto; (d) Indemnify and hold the driver of a school bus or vehicle harmless against any

claim, demand, judgment or legal action, whatsoever, including, without limitation,

any losses, damages, legal costs or expenses incident thereto incurred when acting

in the scope of his or her employment; (e) Accept responsibility for any damage to the school bus or vehicle while leased

as determined by the transportation department of the school district, if the school

district has such a department, or by the board of trustees, if the school district

does not have such a department; (f) Provide proof that the school bus or vehicle leased will be operated by a person

licensed under the laws of this State to operate the particular type of bus or vehicle

leased; (g) Provide proof of insurance which covers the school bus or vehicle while operated

by the lessee up to an amount determined by the transportation department of the school

district, if the school district has such a department, or by the board of trustees,

if the school district does not have such a department; (h) Provide proof of a permit or other approval for the special event, if required

by a governmental entity; (i) Give preference to a driver of a school bus or vehicle who is employed by the

school district before hiring another driver who is not employed by the school district;

and (j) Acknowledge that by entering into such an agreement, the lessee does not become

an agent or employee of the school district and is not entitled to the limitation

on damages set forth in NRS 41.032 to 41.038 , inclusive, for any act or failure to act by the lessee or an agent or employee of

the lessee. 3. Except as otherwise provided in this subsection, whenever any school bus or vehicle

belonging to a school district is leased, any lettering on the school bus or vehicle

designating the vehicle as a school bus or vehicle must be covered and concealed,

no signs or wording may be affixed to the school bus or vehicle and any system of

flashing red lights or a mechanical device attached to the front of the school bus

or vehicle must not be used in the operation of the school bus or vehicle by the lessee

except in the case of an emergency. A system of flashing red lights or a mechanical device attached to the front of

the school bus or vehicle may be used in the operation of a school bus or vehicle

only during an emergency. 4. A school district shall separately account for any money collected as a result

of an agreement to lease a school bus or vehicle which exceeds the actual cost to

the school district and, except as otherwise provided in this subsection, such money

may be used at the discretion of the school district. A school district may not use any money collected as a result of an agreement to

lease a school bus or vehicle to: (a) Settle or arbitrate disputes between a recognized organization representing employees

of the school district and the school district, or to settle any negotiations; or (b) Adjust the district-wide schedules of salaries and benefits of the employees of

the school district. 5. A school district may not enter into an agreement pursuant to this section: (a) For special events that take place outside the county in which the school district

is located. (b) If the school district determines that transportation by a commercial bus is reasonably

available for a special event. 6. A school district may not lease during any period of time more than 8.5 percent

of the total number of school buses and vehicles belonging to the school district. 7. For the purposes of this section, “ special event ” means an event or series of events that does not take place during the regular school

day and is not an interscholastic contest, school festival or other activity properly

a part of a school program.