Vienna council appoints Jack Mathers as project development coordinator after debate over subcontracting and contract language

The Vienna Common Council voted unanimously to approve a resolution appointing consultant Jack Mathers as the city's project development coordinator, after an extended discussion about contract language and limits on subcontracting.

Council members debated whether the agreement should cap total expenditures and change how subcontractor payments are handled. Council member Tammy Rhodes urged removing a clause that would allow the city to pay subcontractors directly, saying, "I would like to remove the section that says the client will pay the compensation to the consultant." Rhodes also proposed amending the contract to add a clear cap so that "in no event will the funds expended under this agreement be in excess of $25,000 including expenditures for subcontractors."

The city attorney, speaking for the administration, said the consultant would be responsible for any subcontractor payments within the $25,000 contract limit and that the funding cap is effectively enforced by the compensation clause. As the attorney explained, "Jack has $25,000 that he can spend here either for himself or individuals that he needs to hire to accomplish some portion of the goal... That has to come out of that $25,000."

Council members pressed several additional questions about scope. Rhodes and others asked for quarterly updates to council so members could track how the consultant's time and any subcontractor work were being used. Supporters of the appointment said the consultant role is intended to be flexible and focused on local projects such as Spencer's Landing and other redevelopment sites, not general business recruitment.

Two different proposed amendments to the draft agreement failed. A motion to add explicit language capping total expenditures and altering the subcontracting payment provision did not pass; a later motion to delete a specific sentence about the city paying subcontractors also failed. A separate motion to table consideration of the appointment failed 5-2.

After those votes the council adopted the resolution to engage Mathers under the consultant arrangement. The mayor and multiple council members encouraged staff and Mathers to provide a finalized draft contract and periodic reports to council so members can track progress and expenditures.

City officials said the contract is structured as a one-year agreement renewable up to three years, subject to funding and council approval, and that the consultant contract was modeled to preserve the consultant's status as an independent contractor rather than an employee.

Council members who raised concerns said those issues focused on clarity in the written contract rather than opposition to Mathers' work. The vote to approve the appointment was unanimous.

The council asked staff to return a finalized contract for review and directed that council receive reporting on the consultant's activities at intervals to be determined.