11-13-208. Agreement does not relieve public agency of legal obligation or responsibility -- Exception.
(1) Except as provided in Subsection, an agreement made under this chapter does not relieve a public agency of an obligation or responsibility imposed upon it by law. (2)
(2) If an obligation or responsibility of a public agency is actually and timely performed by a joint or cooperative undertaking or by an interlocal entity created by an agreement made under this chapter, that performance may be offered in satisfaction of the obligation or responsibility.