Democracy Spraffa

Appendix 1 - Tri Lighting Partnership Agreement 2023-2028

Perth and Kinross Council · 29 May 2024
Back to Economy and Infrastructure Committee — 29 May 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

1 
Appendix 1 
ANGUS COUNCIL, DUNDEE CITY COUNCIL, PERTH & KINROSS COUNCIL, 
AND TAYSIDE CONTRACTS LIGHTING SERVICE
PARTNERING AGREEMENT
1ST APRIL 2023 TO 31ST MARCH 2028

Page 2

2 
INTRODUCTION
EXECUTIVE SUMMARY
Since 2006 streetlighting services have been delivered through a joint shared
services approach through the Streetlighting Partnership. In 2018, the Angus Council
area was included in the Partnership creating a joint shared services approach
across the three Council areas.  
The Partnership has been considered a success and has managed to streamline
administration, reduce duplication and demonstrate Best Value approach against a
set of strategic performance criteria. All parties have considered their options and
wish to extend the Tri Partnering approach for a period of 5 years from 1 April 2023
to 31 March 2028.
Operational delivery of the service is by means of an integrated organisation
comprising Tayside Contracts, Dundee City, Perth & Kinross and Angus Street
Lighting employees.
Responsibility for service delivery would continue to be overseen by an Executive
Board consisting of Officers from the City Development Department of Dundee City
Council, Communities Department of Perth & Kinross Council, Infrastructure and
Environment of Angus Council and Tayside Contracts.
The Integrated organisation is not a corporate body, nor does it have the capacity to
enter into contracts for whatever purpose.

Page 3

3 
CONTENTS 
Page No.
Introduction – Executive Summary 2
Contents 3
1 – Service Description 4
2 – Service Objectives 5
3 – Charter 6
4 – Mutual Objective/Success Criteria 6
5 – Key Performance Measures and
Targets
7
6 – Term 7
7 – Payment 7/8
8 – Quality Management 9
9 – Dispute Resolution 9
10 – Insurance 10
11 – Management 11
12 – Programming 12
13 – Termination 12
14 – Lighting Service Management Structure 13
15 – Signed Partnering Agreement 14

Page 4

4 
PARTNERING AGREEMENT 
1. 1.Service Description 
1.1 Dundee City Council, Perth & Kinross Council and Angus Council provide a
full range of services, including statutory duties required by the Roads
(Scotland) Act 1984 and Electricity at Work Regulations 1989, associated with
the installation, upgrading and day-to-day maintenance of the Council’s road
lighting infrastructure. 
1.2 Street lighting makes an important contribution to road safety, crime
prevention  and the creation of an acceptable, safe night-time environment.
Good reliable street  lighting is a key factor in building and maintaining
community safety and improving the quality of life for both residents and
visitors. 
1.3 The street lighting Partnership is committed to maintaining and where possible 
improving the high level of service provided in the operation and maintenance
of this asset. The Partnership approach adopted by all councils has been
successful in  reducing the cost of providing the street lighting service and will
continue to seek to do so. 
1.4 The maintenance of the street lighting asset includes replacement of the asset
when  it reaches the end of its serviceable life. In addition, new developments
requiring lighting are adopted by the council. 
1.5 The lighting service also encompasses illuminated traffic signs and bollards,
specialist lighting projects, and other electrical street furniture and their
maintenance. 
1.6 The issue of sustainability is a major consideration in the provision of the
lighting function and the team will continue to review sustainability of the
service including energy efficiency devices and the use of recycled and
alternative materials. 
1.7 Through its electricity consumption, Street Lighting can contribute up to 10%
of the Councils overall Carbon footprint and in the life of this agreement will
continue to play a major part in offering up initiatives to help Councils meet
their obligations and targets in relation to the Streamlined Energy and Carbon
Reporting Framework. 
1.8 Across the three council areas the existing Quality Management Systems will
be reviewed and updated with one system established and introduced into the
work of the street lighting teams to ensure that similar operations are carried
out in a consistent manner and to an appropriate standard.

Page 5

5 
TRI COUNCIL LIGHTING 
2.  Service Objectives 
2.1 The Councils' objectives in respect to the delivery of this service are to:-
• Assist the Councils in achieving their corporate objectives. 
• Improve the overall management and maintenance of the street lighting 
asset and maintain the position as leading authorities in Scotland for 
this service.
• Provide a lighting service that improves road safety and the well-being 
of the  public across the Councils’ areas.
• Seek to continually improve the lighting service, balancing increased 
performance  and the drive to reduce costs by maximising service 
efficiencies.
• Demonstrate Best Value in the procurement of lighting works and 
reduce costs consistent with service standards.
• Seek to minimise the adverse impact that the lighting function has on 
the environment.
• Improve the reliability and operation of street lighting equipment by 
reducing the number of annual defects.
• Deliver the lighting service with due regard to the health and safety of 
the public and the workforce.
• Integrate with the other services of the Councils’. 
2.2 Tayside Contracts objectives in respect of service delivery are to: 
• Produce a cost effective and quality product/service that meets the 
needs and requirements of the three constituent councils and 
other clients.
• Develop partnerships with all stakeholders including the constituent 
councils, other clients, the people and businesses within the 
community.
• Create a responsive organisation that develops, monitors and 
evaluates standards of performance.
• Encourage innovation that adds value to our products and services.
• Seek to expand our customer base within current legislation for the 
benefit of the community.

Page 6

6 
TRI COUNCIL LIGHTING 
These objectives are encapsulated in Tayside Contracts’ mission statement, 
“Enhancing our communities through excellent services.” 
2.3 The culture, ethos and vision of all four organisations is ideally suited to
providing a seamless and best value lighting service to the Councils’ and to
end users of lighting services in Dundee City, Perth & Kinross and Angus
through the framework of a Partnering Arrangement. Our approach and
commitment to the Partnering Agreement is detailed below. 
3. Charter 
3.1 We are committed to working together to deliver a successful street lighting
service meeting all safety, cost, quality and time criteria and demonstrating
best value. The partnership between Tayside Contracts, Dundee City Council,
Perth & Kinross Council  and Angus Council is to be known as the Tri
Council Lighting Partnership. 
To achieve this we will be 
• Open and honest and work together as a single team, with integrity
• Empowered and committed in a spirit of mutual trust and co-operation 
to meet users and each other’s service needs
• Innovative, effective and excellent in-service delivery
• Efficient through continuous improvement 
4. Mutual Objectives/Success Criteria 
4.1 We acknowledge that as separate bodies we have independent organisational
goals  but that by agreeing this partnership we share objectives to: 
• Improve communication and awareness
• Reduce duplication, both in terms of systems and resources
• Reduce the average unit cost of the services delivered
• Improve management and reporting
• Improve supervision, quality and productivity
• Provide opportunity to devise new and improved working practices to 
make  more effective and efficient use of resources.
• Achieve the required rate of return in terms of statutory requirements and 
that of the Joint Committee 
• Minimise and reduce impact on the environment

Page 7

7 
TRI COUNCIL LIGHTING 
5. Performance Indicators and Targets 
5.1 An annual service plan and five-year service improvement plan shall be
prepared by  Lighting Partnership Manager detailing Performance Measures
and Targets to be  achieved. An Executive Board shall be responsible for
agreement and delivery of the Performance Measures and Targets. 
5.2 The Lighting Partnership Manager shall be responsible for the day-to-day
operation of the partnership and for updating the Executive Board on progress
in relation to  the Performance Measures and Targets as detailed in the annual
service plan agreed  by the Executive Board. 
5.3 The Lighting Partnership Manager shall develop a series of Performance
Indicators (“PI’s”), building on the existing service measures which will
demonstrate the continual improvement of the service, financial stewardship
and the benefits of the partnership. These PIs will include annual targets
which the service seeks to achieve. 
5.4 These PIs and progress towards targets will be reported to the Executive 
Board  at least quarterly to monitor performance and take appropriate action to 
complete the targets. 
5.5 Targets and PIs will be reviewed annually by the Lighting Partnership Manager 
and submitted for approval to the Executive Board/ 
6. Term 
6.1 Subject to the terms of Clause 13.1 the term of this agreement will be from the
1 April 2023 for a period of 60 months ending on 31 March 2028 unless
otherwise agreed. 
7. Payment 
Angus, Dundee City and Perth & Kinross Council 
7.1 Payment terms will follow the relevant clauses in the Engineering and
Construction  Contract for Option C: Target contract with activity schedule as
amended by the following. 
7.2 Tayside Contracts will assess the amount due on a cost-plus basis (20%,
reviewed and updated annually) for each work activity and submit an invoice
at the end of each month, until the end of the agreed period. 
Angus, Dundee City and Perth & Kinross Council 
7.3 The Councils pay Tayside Contracts within 3 weeks of receiving Tayside
Contracts invoice.

Page 8

8 
TRI COUNCIL LIGHTING 
7.4 If a Council does not agree with the invoice submitted by Tayside Contracts,
he notifies Tayside Contracts of the reason for his disagreement before the
payment becomes due. 
7.5 Should Tayside Contracts wish to dispute a Councils decision the Dispute
Resolution Procedure would begin at Stage 2. 
8. Quality Management 
8.1 We are dedicated to the provision of a service that meets all the requirements
of our  customers. We will aim to achieve this first time, on time. In order to
ensure this we will seek to develop systems, procedures and resources that
ensure compliance with the requirements of BS EN ISO 9001 and 9002. We
will endeavour to involve all our employees engaged on the service in the
process and will provide the training and development necessary to sustain
the principles outlined here. We acknowledge  that prevention of problems is
better than cure, but if we do fail to meet requirements, we will take prompt
remedial action with the minimum of disruption  to the customer. We will
investigate the root cause of failures and establish the action necessary to
prevent reoccurrence, thereby taking a proactive approach to quality
improvement. 
9. Dispute Resolution 
9.1 The Parties intend that disputes should be resolved at the earliest possible
time and at the point of dispute. Where resolution has not been achieved the
following Dispute Resolution Procedure will apply: 
Stage 1
• The matter will be referred by the party in dispute to the Street Lighting 
Partnership Manager who will resolve the matter with the party in 
dispute.
• Where resolution has not been mutually agreed, the Lighting 
Partnership Manager will escalate the dispute to Stage 2:  
Stage 2
• The matter will be referred by the Lighting Partnership Manager to the
Head of Operations of Tayside Contracts who will resolve the matter
with the Head of Sustainable Transport & Roads (Dundee City) or
Head of Environmental and Consumer Services (Perth & Kinross) or
Head of Infrastructure and Environment (Angus Council).
• Where resolution has not been mutually agreed with the party in 
dispute, the Head of Operations will escalate the dispute to Stage 3:

Page 9

9 
TRI COUNCIL LIGHTING 
Stage 3
• The matter will be referred by the Head of Operations to the Managing
Director of Tayside Contracts and Executive Director of City
Development (Dundee City) or Executive Director (Communities)
(Perth & Kinross) or Director of Infrastructure and Environment (Angus
Council) who will be the final arbiters for any dispute. 
10. Insurance 
10.1 The Councils indemnify Tayside Contracts against claims, proceedings,
compensation and costs payable which arise directly from the lawful, non-
negligent provision of the service, or which arise from any fault, negligence,
breach of statutory duty or any acts prejudicial to any legal rights which
provision, fault, negligence, breach of statutory duty or prejudicial acts are
solely attributable to the Councils which are the unavoidable result of the
service or of providing the Service or which arise from fault, negligence,
breach of statutory duty, or interference with a legal right by the Councils or a
person employed by or contracted to the Councils  except by Tayside
Contracts. 
10.2 Tayside Contracts indemnifies the Councils against loss, damage, injury, death,
illness or disease, claims, proceedings, compensation and costs arising from
or in connection with their negligent carrying out of the Service. 
10.3 Notwithstanding the foregoing generality, Tayside Contracts will effect and 
maintain the following insurances:
• Employers Liability: minimum indemnity limit £10million any one 
incident, unlimited in the period;
• Public Liability: minimum indemnity limit £10million any one incident, 
unlimited in the period 
11. Management 
11.1 The Executive Board (the Board) is responsible for the performance of the
services. It  will consist of 9 members, 2 from Dundee City Council, 2 from
Perth & Kinross Council, 2  from Angus Council and 2 from Tayside Contracts
together with the Lighting  Partnership Manager (non-voting, no executive
member). The Board will meet not less than every 3 months or more
frequently as determined by the Board and may discuss all aspects of the
service as they relate to the Agreement along with matters of mutual interest
which affect the progress of the service. 
11.2 Each party may appoint or remove members by notice to the other parties.

Page 10

10 
11.3 The Board shall operate as follows:- 
• A Chairperson and Vice Chairperson shall be appointed annually by
rotation at the Board’s Annual Meeting.
• The Chairperson, or Vice Chairperson in their absence, shall have the 
casting vote at meetings of the Board.

Page 11

11 
TRI COUNCIL LIGHTING 
• The quorum for meetings shall be 4 officers, one from each of the parties 
and the Lighting Partnership Manager.
• The Board shall meet at least four times a year of which one meeting will 
be the Annual Meeting. 
11.4 The partners shall have the power to appoint substitutes who may sit on the
Board  from time to time and each party shall use best endeavours to notify
the other party in advance whenever a substitute will be attending a meeting
of the Board. 
11.5 The Executive Board shall hold the Partnership Manager accountable for the
day to  day running of the partnership and shall provide strategic direction,
corporate monitoring and reporting, leadership and support to the partnership. 
11.6 The Partnership Manager shall be responsible for the day to day operation of
the partnership and for updating the Board on progress in relation to the
Performance  Measures & Targets as detailed in the annual service plan
agreed by the Board. More specifically the Partnership Manager shall present
to the Board at all its meetings a  quarterly performance report detailing
outcomes achieved in relation to service plan objectives. The Partnership
Manager shall also present an annual report to the Board no later than June
each year, detailing the performance of the partnership against the service
plan objectives. 
11.7 An organisational chart showing the operational management structure of the 
service is detailed at Appendix 1. 
11.8 All individuals working within the Partnership will remain on the terms and 
conditions of their employing organisation. Similarly, all disciplinary, sickness 
absence, work performance matters etc will be dealt with in accordance with 
the  employment policies, procedures and protocols of the employing 
organisation. As such the provisions of TUPE do not apply to the Partnership 
12.  Programming 
12.1 Services are to be delivered to meet the requirements of Councils’ and end
users in the most efficient manner possible. To do this we will jointly plan and
programme  work so as to achieve customer satisfaction, Best Value and
mutual objectives/success criteria referred to in this Service Agreement. The
day to day operational issues are delegated to the Lighting Partnership
Manager. 
13. Termination 
13.1 Any party may terminate the Partnering Agreement by giving six months
notice in writing to the other parties such notice being effective from the 1
April or 1 October whichever date next follows the notice in writing.

Page 12

12 
Appendix 1

Page 13

13 
G Dailly
Director of Infrastructure and Environment
Angus Council 
Date: 
D McKay
Head of Operations
Tayside Contracts 
Date:   
F Crofts
Strategic Lead, Environment & Infrastructure
Perth & Kinross Council 
Date: 
E Macnaughton
Head of Sustainable Transport & Roads
Dundee City Council 
Date: