Quorum Court tables ordinance as contract dispute continues between Valor, Clark County

PHOTO: A Pafford ambulance waits for a patient transfer outside Baptist Health Medical Center-Arkadelphia, where the ambulance provider’s competitor and holder of Clark County’s 911 contract, Valor EMS, says it’s losing money over inter-facility transfers. Valor initially agreed that it would survive financially on 911 calls alone. | Joel Phelps/arkadelphian.com

By JOE MAY | The Southern Standard

Valor EMS has lost half a million dollars since becoming the county’s 911 ambulance provider, the Clark County Quorum Court was told Monday evening, March 9.

Clint Mathis, representing the ambulance service, addressed the court, stating that as yet, a formal contract has not yet been signed between Valor and the county. Originally, there were several points, but Mathis noted that following negotiations, the parties remain at an “impasse” over two issues.

Those issues, he said, are inter-facility transfers and special events. When Baptist Medical Center sold its ambulance service to Pafford EMS, a contract between the hospital and the company provided that all non-emergency transfers would be handled by Pafford. To that end, the parties inked a three-year-agreement.

Mathis quoted a state statute that he said gave all transfers to the county’s 911 services provider. That also includes any special events, he noted. In addition, Mathis stated that the county’s own Request for Qualifications documents, filled out by both Pafford and Valor, state that “ground transfers” will be given solely to the county’s 911 provider, a point that he said he and county Judge Troy Tucker differed on.

Mathis noted that in their RFQ responses, both Pafford and Valor provided time estimates for non-emergency transfers. Had the county intended for the contract holder to be the one making those transfers, the question would not have been asked, he pointed out.

Noting that since assuming the county contract in October 2025, Valor has lost almost a half-million dollars. Mathis said this would not be the case if the company were allowed the transfers currently being given to Pafford. He noted that Valor could use the money to better itself for the sake of the community.

Mathis stated that the RFQs provided for two possible avenues of income for an ambulance service: A subsidy from the county, for which Valor did not ask and patient services. 

He then quoted from a legislative finding that stated competition among ambulance services in the same county often ended up putting operators “in a precarious situation.”

“We cannot subsidize 911 calls out of our own pocket,” he said of Valor. Not having the transfers “is literally cutting our throats and setting us up for failure.”

Mathis said he was not asking the court to change any of the wording in the RFQs, but rather to follow what he said in the documents actually mandated that Valor, as the county’s designated 911 provider, should be getting all the transfers within the county.

To that end, he said he had drawn up an ordinance for the court to pass that would “clarify” the situation and hand all transfers and special events over to Valor.

Justice of the Peace Michael Ankton stated that Valor owner J.D. Windham had stated in previous meetings that his company knew that they would not be getting the transfers and would be able to operate without them.

Mathis responded that not only the state statute but also the RFQs “guaranteed” Valor would be getting the transfers, which he said were necessary for the company to “survive.”

Asked by Ankton what could happen if Valor were not awarded the transfers and special events, Mathis said, “We’d have to figure something out because our very life is on the line.”

A simple two paragraphs added to the contract regarding special events and transfers would end any dispute, Mathis said.

County Attorney Todd Turner, asked to give his legal opinion on the matter, explained that the first contract submitted by Valor made no mention of transfers. This was because the franchise awarded to the company was only for 911 calls, he said.

“The first problem is that was not contemplated in the RFQs or in the public meetings,” he said.

Turner also noted that the statute referenced by Mathis “does not give a monopoly” to the holder of the 911 contract. He explained that the county cannot “impair” the three-year contract that Baptist Medial Center has with Pafford. 

“Private people are entitled to contract what they want,” Turner said. “You can’t tell citizens or nursing homes or others that they can’t call whatever service they want.”

Regarding Mathis’ ordinance to clarify the situation, Turner termed the measure “not appropriate.”

Noting he was only providing a legal opinion, Turner declared himself as being “neutral” regarding the situation and stated that he wished a single provider could have the county.

Tucker said the issue regarding transfers was not in the RFQs “because we knew [Pafford] had a contract with Baptist for three years. The hospital has no intention of giving that contract up. Pafford has no intention of giving that contract up. It was never part of the discussion.”

The judge then stated that he had the contract ready to be signed and with him. Addressing Windham, who was in the audience, Tucker said, “J.D., if you want to come up, it’s ready to be signed.”

Justice Jenna Scott, who sponsored Mathis’s presentation and the proposed ordinance, said she felt the public needed to hear the issue. She added that public feedback regarding Valor’s performance “has been fabulous. We want them to succeed.”

She then added that she was not in favor of the ordinance proposed by Mathis.

Justice Zach Bledsoe asked Turner if the court would be sued should the ordinance be passed.

“Yes,” Turner replied.

Tucker said Valor’s supporters had “dogged me on Facebook like I was some kind of stepchild. I didn’t deserve it, but Valor has done an above-board job. There’s no complaints that have been given to me about their services to the citizens of this county.”

He termed the situation of Valor losing money as “unfortunate” and stated that “if they can’t make it, who is the next ambulance provider for Clark County?”

Continuing, Tucker said, “Valor cannot say they did not know they did not have the transfers. It’s just unfortunate and I hope they don’t go belly-up. The citizens are very pleased with their services.”

At the motion of Justices BJ Johns and Vanilla Hannah, the measure was tabled for Tucker and the company to work out.

Looking at Windham, Tucker again stated, “The offer still stands. The contract is up here and dated today.”

In other business, the court:

• Passed to appropriation ordinances.

• Heard Tucker say that a clock repairman from Florida is supposed to be arriving soon to repair the clock in the courthouse tower that was damaged last spring in a storm.

• Heard Tucker say he is hoping to get additional grant money to replace the windows in the courthouse, adding that the last estimates were higher than expected.

• Heard Prosecuting Attorney Dan Turner’s annual Hot Check report.

• Passed a resolution regarding the financing of two Mack trucks for the sanitation department.