(1) An “emergency” means unforeseen circumstances beyond the control of the County that either:

(2) If an emergency exists, the Board of Commissioners may declare an emergency and award all necessary contracts for purchases or public works on behalf of the County to address the emergency without complying with any of the other provisions of this chapter. In situations requiring an immediate declaration of emergency, the County Administrator may, after making a reasonable attempt to contact each available Commissioner, declare the existence of an emergency. If the County Administrator is unavailable, the Public Works Director, Sheriff, Prosecuting Attorney, Public Health Officer, or Director of the Department of Community Development, in that order, may, after making a reasonable effort to contact each available Commissioner, declare such emergency. All emergencies declared by other than the Board of Commissioners shall be before the Board of Commissioners at their next regular meeting for ratification.

(3) If a contract is awarded under the authority of this section, a written finding of the existence of the emergency shall be made by the County Official and filed in the records of that official’s office or department no later than two (2) weeks following the award of the contract.

(4) Any contract entered into hereunder shall contain provisions allowing the County to terminate the contract for convenience or because of the conclusion of the emergency. Such contract termination provisions shall provide that the County shall pay to the contractor only that portion of the contract price corresponding to work completed to the County’s satisfaction prior to termination, together with costs necessarily incurred by the contractor in terminating the remaining portion of the work, less any payments previously made.